Investigation Report On The Implementation Of Fines Punishments In The Danzhou People's Court

At present,the mitigation of punishment is the development trend all over the world,and the important reflection of punishment mitigation is the universal application of fine penalty worldwide.Based on the actual situation on the execution of fine penalty in the People's Court of Danzhou,according to the statistical analysis of more than 1200 backlog cases in the court from 2013 to June 30,2016,which were not registered to execute a fine penalty,as well as table of settled cases by the Executive Board in this period,combined with the investigation of staff from the Criminal Court,Case Filing Chamber and Executive Board,this paper discusses the basic conditions of the application of fine penalty and main problems in the execution of fine penalty,as well as the reasons for difficulties in execution,and puts forward suggestions on the improvement of difficulties in execution of fine penalty by Danzhou People's Court.The first part is about the basic situation of the application of fine penalty in Danzhou People's Court.In this part,the proportion of fine penalty in Danzhou People's Court,the application rate of fine penalty in all kinds of cases,the main application way of fine penalty,investigation on the amount of fine penalty application and the payment applicable for fine penalty are listed and analyzed.Statistical analysis shows that the implementation of fine penalty in Danzhou is more severe than that of other regions of China.The second part discusses main problems in the execution of fine penalty by Danzhou People's Court.On the basis of the investigation on the court staff and relevant data,it is pointed out that the application of fine penalty in Danzhou People's Court has the following problems:high application rate but low punishment rate,incongruity between application rate and punishment rate;great resistance in the enforcement of fine penalty and four prominent problems for difficulties in the execution of fine penalty;frequent problems in the non standard execution such as payment ahead of court judgment,irregular filing of cases,unlimited execution time and arbitrary termination of execution procedures.The third part is the reason why it is difficult for the court to enforce fine penalty.According to the judicial practice of Danzhou People's Court in the execution of fine penalty,the reasons for difficulties in execution are analyzed thoroughly from the court,the executed party and other aspects.In view of the court,it is believed that the reasons for the difficulties in execution mainly lie in judicial deviation,the value consideration resulting from assessment,the non standard transfer system,resistance by the organization and the poor professional ability of executives;in terms of the executed party,the reasons include the lack of the ability to pay the fine,the prevailing situation of detention,the weak legal awareness and the resistance of the stakeholders;as for other aspects,the reasons are the influence of ineffective collaboration on the property investigation,the lack of effective and regular inspection and supervision in enforcement,and the failure to implement the linkage mechanism.The fourth part is the suggestions for improving the execution of fine penalty.In view of the court,we should strengthen the connection between the trial stage and the implementation stage,integrate the execution of fine penalty into the scope of the annual assessment,formulate the timely transfer system of cases involved the execution of fine penalty,expand the scale of executors and improve the professional quality of executors.In terms of the executed party,the eligible person should be exempted from fine penalty legally,the property preservation system should be actively implemented before the execution of fine penalty,and the law interpretation to the executed party should be strengthened.In addition,the cooperation with the public security,procuratorate and prisons should be strengthened to carry out the property investigation,and the procuratorate should perform the supervision of fine penalty execution,and improve the implementation of the linkage mechanism.