On The Abolition Of Unlimited Penalty In China

The mode of stipulating the amount of fines is mainly unlimited fines,supplemented by multiple and proportional fines and limit fines.After the amendment of the Criminal Law in 1997,China's unlimited fine penalty continued to expand.The unlimited fine penalty occupies an absolute proportion in the criminal law,and the amendment has a clear legislative tendency towards the change of unlimited fine penalty.The flexibility advantage of unlimited fines makes it applicable to properly consider the offender's economic situation and to adapt to socioeconomic development and criminal policy requirements.However,its advantages are not irreplaceable,and its disadvantages cannot be ignored because they are related to basic legal principles.The unreasonable expansion of unlimited fines has led to the non-logical nature of the amount of fines,which has hindered the standardization of fines and made the functions of fines impossible.Therefore,the abolition of unlimited fines is quite necessary.From the historical origins of fines,the initial function of fines is to serve collective interests,to compensate the society for the losses it has caused,and for the state to spend money in punishing crimes.Since ancient times,China has the historical experience of exchanging fines and other penalties.In modern China,the disadvantages of fines have also been eliminated to some extent.Therefore,there is no need to pursue the comprehensiveness of the role of fines,nor to impose fines.Instead,we should dare to allocate limit fines and take advantage of multiple andproportional fines that are directly related to social and economic losses.In addition,combined with the contemporary investigation of fines,the abolition of unlimited fines has both the guidance of extraterritorial legislative experience and the pavement of local judicial practice.In short,the abolition of unlimited fines in China is also quite feasible.After the abolition of unlimited fines,the idea of expanding the application of fines should be maintained,and reforms should be carried out with multiple and proportional fines and limited fines.At the same time,it needs to rely on judicial resources,supplemented by supporting construction of criminal property investigation system and crime amount promotion degree.