On Consummation Of Fine Penalty In Our Country

With the revision of China's criminal law and the introduction of its amendment,the status of fine penalty has been gradually improved.Its application scope has been expanded,and a relatively complete system has been formed,which is of great significance to China's legislation and judicial practice.However,in recent years,a large number of fine penalty sentences cannot be executed in our country,and there is a serious phenomenon of "blank judgment",which falls into the mold of high application rate and low actual implementation rate.The reason for it is related to the defects in the system establishment of fine penalty.These defects are concentrated in the following aspects: the scope of application in legislation is unreasonable;a large number of regulations are applicable to the integrated penalty with free penalty;the amount of the system is unlimited;there is no ratio relation with the law of free penalty and other kinds of penalties;in judicature,the defects are as follows: the principle of discretion is unreasonable;there is no discretion of the amount of the standard;the executive method is very single,etc.These defects seriously affect the function of fine penalty.This thesis analyzes the drawbacks of the existing system of fine penalty from three perspectives,including legislation,judicature,and law enforcement.In addition,in combination of China's reality,it puts forward pertinent suggestions as follows: we should reestablish the penalty value orientation of penalty mitigation with the aim to provide guidance for the improvement of the follow-up systems;in legislation,we should insist on the status of supplementary penalty,and adjust the applicable proportion of fine penalty properly in different types of crime to make it exert the characteristic of light punishment effectively;meanwhile,we should restrict the use of the integrated system,and make more use of the income-integrated system and the selection system;we should strictly restrict the selection of method of unlimited amount stipulation,and establish the system of minimum remuneration and monthly income fine;at the sentencing level,we should establish the comprehensive and scientific sentencing principle based on analyzing and supplementing Article 52 of the Criminal Law and put forward the basic mentality of establishing the standard of the amount in sentencing so as to make up the standard and unified guidance lack of fine penalty in sentencing level.Finally,at the executive level,we should establish the system of property system investigation and the accompanying transfer system,and the system of public welfare labor to provide the system guarantee for solving the difficult problem of execution.