Research On The Supervision Of Fine Punishment Execution

At present,more than half of the criminal offences in our criminal law are equipped with fine penalty.The ratio of fine penalty in our criminal law has been greatly improved,but the problem of difficult execution of fine penalty has been plagued by our academic and practical circles.This paper takes the legal supervision system of fine penalty execution as the research object,clarifies the importance of the legal supervision of fine penalty execution,puts forward the existing problems,and then puts forward the corresponding solutions.This paper studies and analyses the supervision of fine execution from five parts.The first part discusses the basic status of fine penalty in China,which is the basis of demonstrating the legal supervision of fine execution.For example,the scope and use of fine penalty in China's criminal law,the status of fine penalty in China's criminal law,etc.It directly determines that there will inevitably be many problems in the execution of the fine penalty,and then we need to use such a means as legal supervision of the execution of the fine penalty to make up for the problems arising from the weak basic theory of the fine penalty.The second part mainly elaborates the concept and classification of the legal supervision of fine execution.Firstly,the concept of legal supervision over the execution of fine penalty is redefined from a broad perspective,and it is divided into supervision by state power organs,procuratorial organs,judicial organs and supervisory organs,etc.It is pointed out that these supervision methods can play a role and practical significance in the supervision of the execution of fine penalty.The third part is the practical value of the legal supervision on the execution of fine penalty.First of all,the legal supervision of the execution of fine penalty can effectively supervise the execution of fine penalty,thus safeguarding the dignity of law and the authority of the court,which is conducive to the realization of the criminal law principle that crime,responsibility and punishment are compatible.Secondly,we should protect human rights and limit the unlimited expansion of state power.Legal supervision of the execution of fine penalty is a restraint to the expansion of power.Although the fine penalty is a necessary means to punish crimes,it does not mean that the fine penalty should be applied uncontrollably.The legal supervision of the execution of the fine penalty can reduce the situation that judges misapply the fine penalty or abuse their power to apply the fine penalty at will.The fourth part is about the problems existing in the legal supervision of the execution of fine penalty in our country.Firstly,our country's criminal legislation on fine penalty is not perfect,the penalty for duty-related crimes lacks uniformity in its setting,and the amount of fine penalty in criminal law lacks clear provisions;secondly,the provisions of our law on the supervision of the execution of fine penalty by procuratorial organs are too principled,the procedure of procuratorial organs'initiative to intervene in the supervision of the execution of fine penalty is not perfect,and the personnel of prison departments are not perfect.Lack of resources and resources restricts the procuratorial organs to fully and thoroughly perform their supervisory duties,the procuratorial organs to perform the supervisory means of fine penalty execution are limited and lack of mandatory;thirdly,the normative nature of the court's fine execution procedures for duty-related crimes still needs to be improved,the execution of fine penalty lacks clear mandatory norms,and the execution of fine penalty for duty-related crimes needs to be strengthened and further clarified.Finally,there is a lack of human rights protection concept in the legislation and practice of fine penalty.The fifth part is to discuss the countermeasures to strengthen the legal supervision of the execution of fine penalty in view of the problems raised in the fourth part.For example,we should establish the criminal law concept that fine penalty is as important as free penalty,standardize the application of principal penalty and supplementary penalty,perfect the principle of determining the specific amount of penalty when deciding to impose fine penalty in penalty measurement,stipulate in legislation that the executing organ should share the execution of fine penalty to the procuratorial organ synchronously,and clearly stipulate the judicial investigative power of procuratorial organ in executing supervision of fine penalty.Provide the procuratorial organs'powers and powers of legal supervision over the procedure of remission and exemption in the execution of fine penalty.