On The Construction Of The Penalty Probation System

The phenomenon of impaired penalties is widespread in the world.In order to ensure the smooth execution of fines,countries have established relevant systems.The penalty and probation system is a way for some countries to effectively guarantee the smooth implementation of fines.However,because China has not established a relevant guarantee system,there is a reality in judicial practice that cannot be ignored: at present,the penalty is far from exerting its due value and effect.The problem of poor enforcement of penalties and impossibility has become increasingly prominent,and the low rate of enforcement has become the norm.Therefore,the application and enforcement of strict fines requires breaking the long-term academic circles in China to focus on purely theoretical research,but less on practical situations,adopting relevant enforcement guarantee systems,alleviating the current difficulties in the execution of fines and penalties,and increasing fines.The intensity of execution.On this issue,the establishment of an extra-territorial fine penalty probation system has undoubtedly provided new ideas for strengthening and improving the implementation status of fines in China.With regard to the construction of the penalty probation system,there are different opinions on the criminal law theory in China.There are two arguments between affirmative and negative.The author agrees that the penalty probation system is in line with the actual needs of the current rule of law in China.First of all,the criminal law and judicial interpretation of the legislative provisions on fines,the judicial application of fines and the actual implementation status,reflect the existence of many flaws in the implementation system,indicating that it is necessary to construct a fine probation system in China.Secondly,from the basic principles of modern criminal policy,the analysis of the advantages and disadvantages of the penalty probation system,the prosecution system of China's main sentence and the legislative case of the extraterritorial fine probation system,it can be concluded that it is feasible to construct a penalty probation system in China.Operationality,seeking theoretical support for the establishment of the system.Finally,the author puts forward the basic idea of constructing China's fine probation system,analyzes the scope and conditions of its application,formulates its corresponding scientific investigation mechanism,clarifies the specific procedures for its withdrawal and termination,and strives to realize the legislative provisions of penalty fines and judicial application.Organic connection.