An Empirical Study On Judicial Discretion Of Fine Penalty

With the application of the fine penalty and the scope of application and the application of the changes,the penalty of the judicial discretion has become increasingly prominent.Compared with the Criminal Law of 1979,the Penal Code of 1997 and the subsequent amendments to the Criminal Law,more than 210 charges were imposed on the penalty,and the scope of application and the number of charges applied far exceeded that of 1979,(Only 20 counts);and in the application of the way,change and system-based and will be the main system,making the application of the requirements of the penalty tends to be rigid.With the above legislation on the fine penalty provisions of the major changes in the penalty in the judicial application rate increased significantly.However,the applicability of the fine in judicial practice,followed by a large area of the application of the fine penalty,the impartiality and seriousness of the criminal justice have a negative impact can not be ignored,deserves special attention and in-depth study The The problem of the punishment of the penalty in the judicial application is closely related to the legislation,the judiciary and the theory of the fine penalty.In this paper,we use the paradigm of empirical research to try to find out the real problems in the application of the penalty law,and put forward some countermeasures and suggestions on the basis of rational analysis.The full text in addition to the conclusion by the four parts,thirty-seven thousand words or so.The first part is the introduction.First of all,through the basic theory of the fine penalty,the legislative provisions,the judicial application may exist in the objective statement,the fine penalty system for a brief summary of the fine penalty for the practical study to do some theoretical basis and legal basis of bedding The Secondly,this paper expounds the research ideas of this paper,including the sampling method,the sample inherent defects and the sample analysis of three parts.The second part is the status quo and problems of the judicial punishment of fine penalty.This part is based on the application of the fine penalty in the grassroots courts of Shandong Province,and analyzes the objective situation and the existing problems of the fine penalty in the judicial application.This part mainly elaborates on the general distribution of the application of the fine penalty,the application of the fine penalty,the irregularity of the fine penalty,the advance of the fine and so on.The third part is the cause of the judicial punishment of the fine penalty.This part is mainly from the legislative and judicial aspects to start.The judicial level,mainly from the fine of the criminal penalty,the lack of protection of the judicial system,the lack of procuratorial supervision and so on.In addition,for some specific issues,but also from the perspective of the relevant system "unlock".The fourth part is the solution to the problem of judicial punishment of fine penalty.This part is aimed at the above problems and the reasons for the analysis,put forward a relatively targeted,feasible countermeasures and suggestions,that is,mainly from the fine penalty legislation and judicial improvement and the construction of the relevant system three aspects of the proposed countermeasures to solve the problem At the same time,to achieve the purpose of improving China's fine penalty system.