Study On Single Fine Punishment Of Natural Person

The mitigation of punishment has become the basic guiding ideology of criminal legislation and the rational choice of criminal justice in various countries.In our country,the mitigation of punishment is the manifestation of "leniency" in the criminal policy of Combining Leniency with severity.The mitigation of punishment requires that the punishment be reduced to a lesser degree.One of its manifestations in the types of punishment is the reduction of personal punishment and the increase of property punishment.Judging from the recent amendments to the Criminal Law Amendment,the number of charges of allocating fine penalty has increased from 152 in 97 criminal law to 220 in current criminal law.Fine penalty has a trend of expanding its application in China,and its status is also constantly improving.At present,the research of fine penalty in academic circles mainly focuses on the execution of fine penalty,the legislative allocation of fine penalty,the specific system of fine penalty and the application of fine penalty in specific crimes.The attention of natural person's single fine penalty is not high,and the system has not been systematically studied.At the legislative level,the applicable conditions and the discretion standard of the single fine penalty for natural persons are relatively vague.In judicial practice,the application rate of the single fine penalty for natural persons is low and the discretion standard is not clear.Based on China's criminal law and relevant legal norms,combined with judicial judgment data and typical cases,this paper uses legislative statistics,comparative induction,judicial empirical research and other methods to clarify the existing problems of China's single fine system for natural persons,and tries to put forward corresponding reform measures.There are four parts in this paper,the main contents are as follows:The first part is the basic theory of natural person's single fine penalty.Natural person's single fine penalty refers to a single penalty,which is imposed by the court only for criminal offences,but not for other penalties such as free penalty.Its essence is the pain of penalty.The "pain" of natural person's single fine penalty is reflected by the amount of fine.At present,the criminal law of our country only stipulates that the selective fine system and the compound fine system can be applied to the single fine punishment.There are advantages and disadvantages of the fine penalty for natural persons.We need to treat its disadvantages rationally and give full play to its functions.The second part is about the legislative allocation of the fine penalty for natural persons.In the current criminal law,the application of fine penalty is limited,mainly applicable to economic crimes,property crimes and other corrupt crimes,as well as minor crimes that hinder the social management order.The main types of single fine penalty are unlimited fine penalty.The application of fine penalty is mainly compound system.The connection between fine penalty and free penalty is diverse.The applicable conditions of single fine penalty are not clear,and the standard of amount discretion needs to be further clarified.The third part is about the current judicial situation of natural person's single fine penalty.At the judicial level,the single fine penalty has some problems,such as low application rate,fewer applicable charges,concentrating on theft,unclear amount standard and so on.Among them,there are not only the reasons of vague legislation,but also the limitations of judicial concepts,judicial rules and the difficulty of executing fine penalty.Prior to trial,non-custodial compulsory measures are mainly applied to the accused in the crime of imposing a single fine.There are various ways to pay the fine.The fourth part is the optimization of the system of natural person's single fine penalty.In view of the problems appearing in the legislative and judicial levels,in addition to making corresponding reform measures from three aspects: adjusting the charges of applying the single fine penalty,defining the conditions of applying the single fine penalty,and standardizing the amount standard of the single fine penalty,improving the system of natural person's single fine penalty should also be connected with the lenient system of confessing guilt and confessing punishment.