Research On Issues Of The Fine Penalty Based On Amendment(?) To The Criminal Law

Every amendment to the criminal law is a response to the practical problem.Although the Penalty is the Additional penalty,the proportion of the scope of legislation and justice of allocation illustrates its important position in the penalty area.However,the judicial operation of Penalty is not smooth and difficult to implement the problem has been plagued by them.Therefore,the judicial chaos can trace to legislative oversight.Amendment(?)to the Criminal Law on the Penalty for a large scale repair,in almost every aspect of the Fine Penalty,not only in the general provisions of the Penalty execution system to make the programmatic adjustments,and in the specific configuration of the Penalty crime as the addition or adjustment.The importance of the amendment of criminal law on the punishment of a fine high,wide adjustment range,modify the contents of the whole,and thus showing a new trend in the legislation of the Fine Penalty.The revised law on the punishment of a fine repair,the suspect will show the positive effect in judicial relief,judicial dilemma and the penalty will inevitably bring new problems.So,the Fine Penalty in certain repair at the same time,justice should be cautious.Therefore,we should focus on Amendment(?)to the Criminal Law the real problem and actively explore the path to solve.This paper is consisted of four parts:The first part: On the modification of Fine Penalty in Amendment(?)to the Criminal Law.To modify sort of Amendment(?)to the Criminal Law of provisions of the new law review,summary of the Fine Penalty changes mainly focused on the following aspects: Increase the Penalty of deferred payment;the original sin and the new crime penalty configuration,expand the scope of Fine Penalty configuration;The amount of Fine Penalty way,to limit fine system for unlimited Fine Penalty.To modify the contents were summarized,the revised law reflects the new trend of legislation of Fine Penalty,mainly for various implementation methods,perfect the legislation configuration of the fine,solid unit crime fine double penalty system,and expand the Fine Penalty on non corrupt crime etc..The second part: Amendment(?)to the Criminal Law set up realistic problems caused by the Fine Penalty.This Penalty amendment,to bring the gospel of justice at the same time,with the new problems,and even exacerbate some old problems in some aspects,clearly understand the problems in the current practice through existing the crux of the problem,help to improve the system of the Fine Penalty.The new extension of payment in content and other execution mode confusion,at the same time,in the absence of the execution of the program;on bribery supplementary fine penalty is the academic consensus,but the new criminal law and judicial interpretation and perplexing,triggered the conflict and whether the difference between the application of criminal penalties;Cancel the amount of Fine Penalty,judicial discretion is bound to further aggravate the already indistinct;the unit crime units and personnel responsibilities both configuration fines against the unit crime Responsibility principle;In order to prevent the allocation of penalty objective in non corrupt crime,the legislative purpose of prevention can directly into judicial discretion basis,there are still questions;Finally,the Fine Penalty and punishment and how collocation applicable standard is not clear.The third part: Amendment(?)to the Criminal Law Penalty should be applied to the judicial position.The revision of the Fine Penalty,based on the settlement of the real problem,therefore,settled in the judicial operation,is bound to proceed in the direction of justice in favor of the fugitive crime to provide a Fine Penalty to pay attention to play Fine Penalty punishment function Legislation to pursue,the non-greedy crime allocation of fine punishment,reflects the fine penalty of the prevention function,which coincides with the penalty pre-trend,worthy of recognition.However,we should also see that this amendment to the Fine Penalty does not reflect the fine Penalty should be carried by the punishment of light,but the amendment to the law reflected the expansion of the application of the fine,and the severity of the existence of serious penalties Deviation,therefore,the fine of the judicial application should be uphold the cautious attitude,should not blindly expand the fine penalty of the judicial application.The fourth part: Amendment(?)to the Criminal Law Penalty to bring the reality of the solution to the problem.Focusing on the practical problems brought by this revision,respectively,from the legislative and judicial aspects of the proposed countermeasures,trying to cooperate through two aspects,to resolve the problem.(A)To improve the fine criminal legislation of the legislative allocation.Only a complete legislation can provide a strong guarantee for the judiciary.First,the Fine Penalty system of the implementation of the system,to increase the temporary payment;Second,the amount of fine punishment standard,solve the problem of fine punishment discretion too casual;Unified unit crime punishment,cancel the responsible unit crime fine punishment,the formation of fine punishment and responsibility "unit configuration staffing freedom penalty" way of unit crime punishment to assume.(B)To ensure that the fine punishment of the judicial operation of the law.The judicial application of the bribery penalty should not be used as a "one size fits all" approach,should be returned to a specific analysis of crime;Prevention of punishment can't be directly as a basis for discretionary non-corruption penalty,according to the size of the possibility of recidivism for moderate adjustment;In the fines and fines,the penalty and free punishment as a criminal responsibility to share the total amount of punishment,and showing the shift of the alternative relationship.