On The Reform Path Of The Unlimited Penalty In China

The unlimited fine penalty is a penalty in China, and it is the limit of fine penalty, the concept of times than the corresponding penalty system. In the current criminal law applicable scope of unlimited fine penalty is the largest, the highest frequency,it has been in our country penalty system plays an important role in infinite.The amount of fine penalty has the flexibility, stability and other advantages, but its disadvantage is more prominent, in violation of the principle of legality, in violation of the principle of suiting punishment to crime, crime and good at breaking even easily lead to judicial corruption. The nature of unlimited fine double-edged sword based on the same, with the level of legislation, the judicial application of fine punishment has a higher proportion of large, unlimited fine penalty The increasingly obvious shortcomings. So, how to improve the existing system of fine penalty,determine a "standard" to apply the unlimited fine penalty, become an important issue in the research of fine penalty theory must be needed to be concerned. This paper starts from the basic theory of unlimited fine, to explore China's unlimited fine penalty in current situation and difficulties of legislation, judicial practice, combined with foreign advanced experience to determine the amount of fine penalty, intends to explore the reform path of China's unlimited fine. Eventually the unlimited fine penalty should be abolished, but can not be done overnight, but should adopt a gradual reform: first of all, should be clear to determine the amount of fine penalty in our country standard Secondly, from the legislative level, the author tries to reform the unlimited fine penalty, and then, to absorb the advanced legislative experience abroad, and to transplant the penalty amount of the day to improve the system of the fine penalty.