| The empirical study on the running status of fine needs to correctly understand the nature,the constitutive condition and the function of fine.Firstly,the nature of fine is a way of undertaking civil procedure legal liability and contains enforcement and sanctions.So,the nature of fine determines the multiplicity of fine functions.As an important part of the civil procedure system,the fine system can punish actors who jeopardize civil procedure and exclude the litigation obstacles.In addition,it can also educate the public to comply with the law and maintain the order of litigation.Secondly,in term of legal history,legislators continually raise the upper limit of fine and expand the applicable scope of fine.Therefore,the fine sanction has unprecedented strength and breadth.Nevertheless,the judicial practice deviates from the legislation.Such as,low utilization rates,empty reconsideration systems,chaotic procedures,bad collecting fines and weak sanctions.As a consequence,these practical problems seriously hamper fine functions.The radical reasons for this dilemma are that law lacks operability and the procedure approved by the dean is unreasonable.Besides,unscientific fine legislation,wrong awareness of judges,huge trial pressure of judges,the lack of professional teams and negative impacts of judicial system reform are also important reasons.Therefore,in order to further improve fine system,it is necessary to perfect relief procedures and return fine discretionary power to the judge.Moreover,it is also important to further refine procedure and link the relevant systems. |
