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Research On The Perfection Of Fine Penalty Legislation In China

Posted on:2020-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:W T LuFull Text:PDF
GTID:2416330575467449Subject:Law
Abstract/Summary:PDF Full Text Request
Fine penalty is a penalty method by which the people's court,on behalf of the state,compels a criminal who violates the criminal law to pay a certain amount of money.Fine penalty has great significance for the purpose of retribution and prevention of punishment.At the same time,because of its own peculiar monetary attributes,the executed person can integrate into social life on the basis of education and transformation after the execution of the fine penalty.However,the legislative concept of fine penalty in China is deeply influenced by the tradition of severe punishment doctrine,which does not conform to the trend of international mitigation of penalty.In the allocation subject,the fine penalty includes all minors indiscriminately into the applicable scope,ignoring the economic dependence of the minor groups;in the allocation of the amount,the existing laws does not clearly specify the amount of the fine,or even the basic scope is not defined;The scope of applicable fine penalty mainly concentrates on the crime of destroying the order of socialist market economy and the crime of infringing property,while the application rate in many crimes with low subjective viciousness and mild degree of harm is low.There is no clear stipulation on the limitation of execution of fine penalty in our country,which leads to the unlimited extension of the execution time of fine.The concept of severe punishment has been gradually abandoned in the world,and many countries have begun to build a penalty system with free punishment and property punishment as the common subjects.On the subject of application of fine penalty,some countries explicitly exclude the minor subject,and some countries choose to apply fine penalty after differentiating the minor according to their own economic conditions,but they all have formulated independent laws to punish minor crime;countries generally allocate fine penalty to negligent crime and deliberate crime with minor circumstances;Most of them adopt the limited penalty system,which can avoid the excessive discretion of judges to a certain extent.In the execution of fine penalty,in addition to the specific limitation of execution stipulated in the law,many countries have established the system of changing penalties to make up for the deficiencies of the impossibility of execution.Drawing on the legislation of other major countries and regions in the world and based on the actual situation of Chinese social development,China should constantly improve the legal status of fine penalty through legislation,and change the misconception of "Ransom with money".To enact a special Law on "Juvenile Delinquency Law ",which can be applied to different situations of juveniles;to expand the scope of application of fine penalty,include all negligent crimes and more minor crimes into the scope of applicable fine penalty through legislation;abolish the unlimited fine system,to adopt the limited fine system,and to formulate the standard of the amount of fine according to the different charges.Provision of a two-year limitation for the execution of a fine,after the statute of limitations has passed,the corresponding fines will be adopted.
Keywords/Search Tags:Fine Penalty, Legislative Concept, Legislative Allocation, Limitation of Execution
PDF Full Text Request
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