On The Perfection Of The Penalty And Penalty Principle In China

The combination of fines and penalties mainly refers to the fact that the judicial organ determines the punishment that should be executed for several fines imposed by a person according to the corresponding principles,methods and procedures.The principle of combining fines and penalties is the principle that should be adopted when multiple crimes are punished with multiple penalties,It is one of the basic systems of multiple crimes and is also one of the main contents of the current penalties in various countries around the world.Article 69,paragraph 2 of China's Criminal Law and Article 3,paragraph 1,of the "Provisions of the Supreme People's Court on Several Issues concerning the Application of Property Penalties" clearly 'stipulate that if a criminal is sentenced to several fines,the amount of several fines Absolute addition,execution amount.This directly shows that the principle of applying fines and penaltie's is the principle of merging together.However,the application of the principle of merging together cannot meet the current trend of mitigation of penalties in the world.It is not in line with China's criminal policy of "combination of leniency and strictness" and violates the criminal punishment in our criminal law.Adaptation principle.At the same time,the provisions of China's criminal law on fines and penalties are relatively simple,which is not enough to solve the problems in judicial practice.,Legislation is the premise and foundation of judicial p ractice.Problems with the principle of fines and penalties in legislation have brought difficulties and resistance to judicial practice.Based on this reason,based on the theory of existing results,the author sorts out the concept,meaning,type of the principle of concurrent fines and punishment,and the theoretical disputes in China.The current application situation is explored to find out the reasons for the problems of the principle of fines and fines.Finally,in order to improve the principle of fines and fines,we put forward suggestions at the legislative,judicial and enforcement levels.For these reasons,the article is divided into four parts:In the first part,China does not have a clear definition of the principle of fines and fines.Therefore,the author introduces the connotation of the principle of fines and fines by comparing the concepts of fines and fines.In addition,the improvement of the principle of fines and penalties in China is of great significance.It is not only in line with the principle of adapting crimes and punishments in China's criminal law,but also the embodiment of China's criminal mitigation and "tolerance of justice" policy.Finally,the types of the principle of fines and fines are explained.The principle of combining fines and penalties exists in criminal law,including theory of combination,restriction and aggravation,absorption theory,and comprehensive theory.The author starts from theoretical arguments,general principles applicable in other countries,and the principle of concurrent application of fines in China.The principle of concurrent punishment is outlined.In the second paragraph,it mainly analyzes the current status of the application of the principle of concurrent fines in China,conducts empirical research on issues such as relatively simple legislation,relatively low judicial application rate,and difficulty in implementation,and provides data support to prove that fines The necessity of perfecting the principle of concurrent punishment.The third part explores the reasons for the problems in the legislation,judicial and enforcement process based on the aforementioned principle of fines and penalties.The establishment of the combination principle is too strict,the application of the principle of combined punishment takes into consideration the actual situation,and the supporting measures in the implementation of the principle of combined penalty are not perfect.These are the root causes of the problems in the application of combined punishment of fines.In the fourth part,in view of the problems and reasons of the above-mentioned principle of fines and fines,we seek the principle of fines and fines suitable for our country's national conditions,and improve the principle of fines and fines in China from legislation,justice and enforcement.Specifically,it includes establishing the principle of restriction and aggravation in legislation,considering the actual situation in judicial practice,and constructing a system of penalties for penalties and probation of penalties in execution.