A Research On Fine Punishment Sentencing Conditions In China

The fine penalty is a kind of punishment measure which deprives the criminal property right,and is in the position of additional penalty in our country’s penalty system.With the promulgation and implementation of the 1997 Criminal Law and the nine criminal law amendments,the scope of the fine penalty in judicial practice more and more widely.Accompanied by the fine penalty in the application of judicial practice in the process of facing many problems,such as the fine penalty of injustice,fine penalty is difficult to implement.In essence,these problems are rooted in our country for the penalty penalty sentencing circumstances are not clear,the judiciary discretionary penalty when the lack of norms applicable to the sentencing circumstances,relying solely on their own experience,resulting in the penalty of injustice,and then leading to the implementation of fine penalty.Therefore,the author analyzes the connotation and the existing problems of the sentencing part of the fine penalty,explains and draws lessons on the sentencing of foreign fines and puts forward the measures to perfect the sentencing of the fine penalty.The first chapter is a summary of the penalty sentencing plot.According to the academic circles of the fine penalty and sentencing circumstances of the status quo,clear the fine penalty and the concept of sentencing circumstances,to clarify the penalty sentencing plot connotation.The second chapter of China ’s fine penalty sentencing situation legislation and the application of the status quo.This paper expounds the problems existing in the Penal Code of Criminal Penalty in our country,mainly including: criminal law and judicial interpretation of the provisions of the penalty penalty sentencing is not clear,the judiciary in the penalty penalty to grasp the different circumstances of the crime plot and not fully consider the crime of the perpetrators status and geographical differences and other sentencing circumstances,the existence of these problems affect the penalty sentencing of the impartiality and the authority of the penalty.Chapter 3: Perfection of Penalty Cases in China.By analyzing the measures taken by the foreign countries on the discretionary punishment of the fine penalty,such as the application of weekly fines and sentencing cases and the fine sentencing plot cases,and put forward perfect measures for the shortcomings of the penalty sentencing.For example,China should be the perpetrators of the economic situation as a fine penalty principle to be clear in the law,in the judicial interpretation of the crime plot to explain the specific content.