Solutions To The Difficulty Of Fine Penalty Execution

The lightening of penalties is the development trend of criminal legislation and criminal justice in today's world.The large application of fine penalties is an important manifestation of this trend.At the same time,it is difficult to enforce fine penalties worldwide.China has worked hard for years to crack down on the difficulty of implementation.At present,the phased goal of "basically solving the difficulty of execution" has been achieved as scheduled,but there is still a gap compared with the "effectively solving the difficulty of execution" proposed by the Party Central Committee.There are many reasons for the difficulty in the execution of fines and penalties,including the chaotic management of internal enforcement courts and the lack of strength similar to civil enforcement difficulties,the reasons for the imperfect execution system and procedures,as well as external economic factors,lack of personal credit,courts The reasons for the lack of linkage with other units,the flaws in the design of the fine penalty system and the unique reasons in the execution of fine penalty are also important factors that affect the smooth execution of fine penalty.After sorting out the current situation and causes of the difficulties in the execution of fines,this article puts forward some suggestions from the perspective of the legislative level and the system structure,combined with the actual situation in China.At the legislative level,the scope of application of fine penalty should be adjusted,the application of fine penalty should be improved,the method for determining the amount of fine penalty should be improved,and the provisions for fine penalty execution procedures should be refined.In terms of system structure,a system of fines and penalties can be established.In the case where the offender does not pay fines,the court ruled that the penalties originally declared or the remaining penalties that have not been completed are free penalties;then it should be Create an incentive mechanism for the active payment of fines,and consciously pay fines should become a consideration for reducing the sentence or parole of the main sentence;optimize the relevant property investigation system,so as to carry out the property investigation in a timely manner,make use of the property preservation system before execution,and deepen the support of modern information technology Implementation of model changes.