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Research On The Expanded Application Of Fines For Non-economic Crimes

Posted on:2018-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z D WuFull Text:PDF
GTID:2436330542976749Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The position of the fine penalty is rising because of the rapid development of economy and the rich material.China's criminal law in 1979 23 relating to fine penalty,after the criminal law was revised in 1997 350,a specific provision in the 140 provisions of the fine penalty,the nine amendment to the criminal law and a law have provisions applicable,some fine penalty has fine penalty charges involving nearly half of all charges at the same time,in recent years,the fine penalty in the judicial practice has a higher application rate.The expansion of the fine penalty has become a mainstream in the judicial practice in the world.But the current expansion of application of the fine penalty for more corruption,the type of property crime,from non corrupt,non criminal property crime that non economic crimes can extend of fine penalty is less,so this paper attempts to take non-economic crime in the criminal negligence and minor intentional crime application from the perspective of exploring the fine penalty,carried out through the analysis of the concept of non-economic crimes,focuses on the analysis of the current criminal law in economic crime case for non pecuniary penalty,from retribution punishment theory,realizing the purpose of legislation and perfect balance in three aspects of non-economic crime to expand the necessity to apply fine discussed in the feasibility,this paper compares the domestic and foreign scholars on the non-economic crime fine punishment for the theory and research results,and from the penalty of fine penalty,Lord The trend of the current criminal law and criminal penalty configuration constantly revised in non-economic crime trends in the aspects of in-depth on non-economic crimes to expand the legitimacy of the application of criminal penalties to demonstrate the bold exploration of the economic crime expand legitimacy of fine penalty in our country,in the field of non-economic crimes can be obtained to expand the application of the fine penalty to extend the conclusion and puts forward suggestions,namely in the non-economic crime in the criminal negligence and minor crime in fine penalty,the penalty to play better characteristics,constantly improve the system of fine penalty and the penalty system in our country structure.
Keywords/Search Tags:Non-economic crime, Fine punishment, Expanding application, Legitimacy, Legislative Perfection
PDF Full Text Request
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