Research On The Unlimited Fine

Fine punishment has a long history in China,but it has not been used much in history.With the development of society and the improvement of civilization,the method of punishment has changed from the brutal corporal punishment and the physical punishment to the free punishment in the slave society and feudal society,and the fines have become more and more important,and they are widely used in judicial practice.From a horizontal comparison,this is a trend of mitigation of world penalties.As a relatively light punishment,fines are in line with the trend and process of the evolution of world penalties.The unlimited fine system is one of the fines,which mainly refers to the system that the criminal code does not stipulate the limit of the fine,but the court determines the amount of the fine according to the criminal's criminal behavior,personal performance,economic status,etc.In China's current "criminal law" provisions on fines,a large number of crimes are equipped with unlimited fines,whether it is a natural person crime or a unit crime.Therefore,the unlimited fine can be described as occupying half of the entire fine.Since then,successive amendments to the Criminal Law have continued to expand,increasing the number of unlimited fines in the Criminal Law.The reason is that in the current risk society,the choices made in order to better respond to the ever-changing crimes.Looking at the theoretical value of unlimited fines,we can find that it has the following positive values: first,it is conducive to maintaining the stability of criminal law;second,it is conducive to the flexibility applicable in specific cases;third,Certain economic crimes have a certain preventive function;however,the unlimited fine penalty suffers from its advantages and disadvantages.Even if there are many positive values,the negative value of the unlimited fine penalty is obvious: First,the unlimited fine penalty is a crime.The legal principle;secondly,the unlimited fine penalty violates the principle of restraint of criminal law;finally,the unlimited fine penalty leads to wantonness and different sentences in the same case in judicial practice.Based on the above analysis,it can be seen that even though the unlimited fine penalty has unparalleled advantages,its inherent theoretical flaw is beyond its positive value.Therefore,the unlimited fine will eventually perish.In judicial practice,although there are many benefits due to the positive value of unlimited fines,such as greater flexibility in refereeing and lower costs in determining the amount of fines,the practice reflects the negative value of the theory.Therefore,through the collection of 100 fraud judgment documents in Shanghai in the past year,the author integrated the relationship between the judgment of unlimited fines in practice and the circumstances of each crime and sentencing.It can be clearly found that in practice,there are a large number of verdicts with similar circumstances and far-reaching fines,and the circumstances of the plots have different effects on the fines: the amount of crimes does not show a critical role in determining the amount of fines for financial crimes;The impact of confession and recidivism on the amount of fines is in line with the provisions of the law;there are obvious unreasonable effects on the circumstances of reimbursement and understanding,which is manifested in the fact that the defendant with this plot has a heavier penalty.The writer believes that the wide range of fines imposed in practice are mainly due to the inherent inadequacy of the unlimited fines system and the tendency to differ among judges.Analyze the theoretical value of unlimited fines,integrate the practical points of judicial practice,and refer to the corresponding foreign fines system,and propose the following modifications for unlimited fines: First,try to be as clear as possible about each crime The amount of influence on the amount of fines,so as to avoid similar judicial penalties,resulting in judicial injustice;second,the introduction of corresponding judicial interpretations or guidance cases,etc.,with clear criminal laws and regulations to limit unlimited fines For specific adjudicative space,convert part of the unlimited fines to multiple ratios and limit fines;third,modify the method of punishing some of the unlimited fines,and combine the fines,single punishments,and fines of some of the offenses.The punishment method is revised to the punishment branch punishment method.Fourth,for reference to the extraterritorial fine system,you can refer to the foreign daily fine and the South Korean limit fine.