| The fine penalty has the special status and the function in the modern penalty system,has become the indispensable penalty kind in the overwhelming majority of countries.The penalty system in our country,although only with additional penalty punishment legal status,but its judicial application rate was comparable.However,China’s current legal provisions of the penalty system is too simple,even there are some defects,such as penalty and aggravating the burden of unlimited fine,it is difficult to predict the amount of the fine penalty,useless,unit crime fine punishment imposed unfair and penalty enforcement difficulties.The actual plight of fine penalty deserves our re examination of the fine system of our country.This paper analyzes the data to proceed from criminal penalties on China’s current criminal law on crime,a comprehensive analysis of provisions on fine penalty in Chinese criminal law all charges,three angles from the application,the amount of the fine penalty legislation and execution system of the full range of issues of fine system exists,and puts forward some improvement advice.The first part starts with the concept of the fine penalty,analyzes its legal characteristics,and introduces the legislative status of the fine penalty in our country,and probes into the special status of the fine penalty in the modern penalty system from the angle of the value theory of penalty.And through the analysis of several groups of data on the implementation of the fine penalty,pointing out that China’s fine penalty exists in the judicial deviation from the theory.The second part mainly discusses the applicable way of the fine penalty in thecurrent criminal law of our country.The paper mainly introduces some types of China’s penalty from the criminal law perspective,discusses the application of fine penalty to be of the characteristics,advantages and disadvantages of different application methods,and the personnel responsible for the unit in unit crime penalty and unit used in the study on the way of penalty.The amount shall be made of gold and penalty legislation,appropriate increase and fine gold legislation,while lighter penalty or misdemeanor,negligence crime and juvenile crime in legislation,increasing selection fine system and composite fine system application.The third part probes into the amount and legislative mode of fine punishment.Six of the amount of fine penalty legislation common mode are introduced,and emphatically analyzes the advantages and disadvantages of the three kinds of the amount of fine penalty legislation adopted in China,and finally discusses the reform direction of our amount of fine penalty should be applied to control the unlimited fine penalty,increase the limit for the proportion of the amount of fine system,retention limit fine system and times ratio fine in the unit crime,and put forward the day fine production for the amount of fine penalty goal.The fourth part probes into the construction of the execution system of the fine penalty in our country.From the implementation of the system level analysis of the essential reason of difficult execution of fine penalty in our country,points out that the main problem is the lack of alternative penalty measures,the introduction of pecuniary penalty system claims,and to explore the reasons for the system of criminal penalties should not be introduced at this stage,the legal basis for analysis of the fine penalty execution of malicious evasion criminals can take criminal sanctions.And put forward the construction of penalty execution system suggestions.The fifth part summarizes the thesis and looks forward to the prospect of fine penalty in china. |
