In The Post-crime Trial, The Study Of The Treatment Mode Of The Pre-crime And Fine Punishment Has Not Been Completed

In the after criminal trial there are different ways to deal with the former criminal’s unfinished fine punishment,the different treatment and the unification of judicial rules not only leads to different sentence type,but also seriously affected the judicial authority and credibility.Besides there are less empirical research and theoretical study of this problem.Based on the current judicial practice,the data collecting method and the discussion method are used in this paper.First;there is a analysis of statisticsThrough the search in the Chinese referee instrument network and other relevant websites.Second,through the discussion with the judges of the trial,we have found that in the trial practice in the after criminal trial there are different ways to deal with the former criminal’s unfinished fine punishment.From the perspective of theoretical,in the after criminal trial there are mainly four types of how to deal with the former criminal’s unfinished fine punishment,the not involving type,the cumulative punishment of principal punishments and accessory punishments type,the cumulative punishment of accessory p u n i s h m e n t s o n l y t y p e a n d t h e s u b s t i t u t i v e e x e c u t i o n t y p e.In the after criminal trial there are different ways to deal with the former criminal’s unfinished fine punishment,the different treatment and the unification of judicial rules not only leads to different sentence type,but also seriously affected the judicial authority and credibility.Even to a certain extent,encouraged the criminals to escape the execution of fine penalty.And the reason why there are different types,the most fundamental reason is the lack of corresponding laws,legislation and regulations.Combined with legal provisions,theoretical arguments and judicial practice,this paper adopts a way which aims to solve this problem.The law should express a cumulative punishment of the former criminal’s unfinished fine punishment and the after crime,as the completion of penalty means the completion of principal punishments and accessory punishments.The former criminal’s fine punishment is unfinished means the whole penalty is unfinished.Based on this,the law should also express that when former criminal’s unfinished fine punishment,the combined punishment for several offenses mean the principal punishments and accessory punishments in the former punishment and latter punishment,which is the principal punishments and the fine punishment should take cumulative principle.At the same time,in order to ensure the legitimacy of the penalty we should improve the scope and standard of fine penalty in legislation.