Research On The Limitless Pecuniary In China's Criminal Law

Unlimited fine indicates fine without amount limit,namely,there is no definite provision on fine amount in the Criminal Law.The amount is subject to discretion by the court based on the social harmfulness caused by the criminal act,as well as the subjective viciousness and economic condition of the criminal.Unqualified fines have the basic characteristics of unlimited amounts,flexibility and correct ability.Prior to the enactment of 1979 criminal law,there is no fine in our criminal law.While in the 1997 Criminal law,20 clauses stipulated fines,all of which were unlimited fine.During the period,unlimited fines gradually increased in the enacted one-way Criminal Law.When the current Criminal Law was enacted,it stipulates 164 crimes with fines,of which 114 were crimes with unlimited fines,accounting for nearly 70%of the total number.Thereafter,with the legislation development of Criminal Law,unlimited fine's scope has been further expanded.Until now,Specific Provisions of the Chin's Criminal Law has 386 articles,of which 129articles mentioned unlimited fine,accounting for approximately 33.41%of the total.In addition to the Crimes,the rest 7 types of crimes all include crimes.Among them,unlimited fine is mostly stipulated in crimes included in the crime against social administration,followed by the crime of disrupting the socialist market economic order,the crime against public security,crimes of property violation,and the crime of graft and bribery,the crime of violating citizen's personal and democratic rights and the crime of endangering national defense ranks 6^thh and 7^th respectively.Moreover,unlimited fine has been stipulated in both property crime?grabbing crimes?and non-property crimes.Among the 470 crimes stipulated in the specific provisions of China's Criminal Law,there are 160 crimes with unlimited fines,accounting for about 34.04%of the total crimes.At present,among the 470 crimes stipulated in China's Criminal Law,220 crimes are stipulated with fines,accounting for 46.81%of the total number of crimes;while among the 220 crimes with fines,up to 160 crimes are stipulated with unlimited fines,account for 72.73%of the total number of crimes with fines.Further,unlimited fine is applicable to 160 crimes committed by natural persons and 128 of the 160 crimes committed by organizations.In foreign countries,limited fines stipulation is generally adopted,and their criminal law rarely has unlimited fine stipulation.The positive value of unlimited fine includes:It has greater flexibility and maintains the stability of criminal law.Its good adaptability also contributes to the social protection function of criminal law.The negative value of unqualified fines mainly includes:First,the non-statutory fines do not meet the requirements of criminal law.While the negative value of unlimited fine mainly includes:Firstly,it violates the principle of prohibiting absolute indefinite?period?penalties in.Secondly,unlimited fine well easily leads to arbitrary justice.Thirdly,unlimited fine makes it difficult to achieve“same treatment for same case”,which will easily leads to unfair justice among the regions,brings great damage to the authority of criminal law.This is also the main reason foreign countries rarely have unlimited fine stipulation.In conclusion the negative value of unqualified fines far exceeds its positive value,and it should be replaced by time-ratio fine and limited fine.