Research On The Countermeasures For The Difficulty Of Execution Of Fines In My Country

In recent years,one of the basic trends of world development in criminal penalty is punishment leisurely.The legislation of the China's Criminal Law Legislation in 1997 learnt from the foreign legislation and judicial practice,and expanded the scope of application of fine penalty.However,in judicial practice,the problem of fine penalty execution is increasing.This problem has a bad effect on the implementation of the function of fine penalty.It undermines the dignity and authority of the law.And it also has shaken people's faith in the law.This article analysis from the causes of problem in execution of the fine penalty including the applications of fine penalty and the characteristics of the offender,procedures of executions and monitoring mechanisms.By drawing on experience about criminal fine execution in foreign countries,this article express views about the opinions and recommendations in order to improve the fine executing difficulty issue.The main content of this specific study has four parts.Part I:The basic theory about the execution of fine penalty.This section has three main sections,the first is to define the criminal fine,the main outlines of fine penalty concept and features and value.Section II is the application about the fine penalty including criminal fines scope,applicable way and value.Section III is about the main principles and basic rules of criminal fine execution.Part II:Specific performance and causes analysis in executions of fine penalty.This section is divided into two sections.The first section is the specific performance of the problem in execution of fine penalty.There is in fact empty sentenced phenomenon to criminal fines.The criminals evade paying the criminal fine.The offenders take the initiative to pay the fine in low proportion.Section II is about the reasons for fine executing difficulty analysis,mainly from the common factor of difficulty in enforcement,lack of fine penalty legislation,and other characteristics of the offender's own.Part III:Learning from foreign experience in executing the fine penalty.This section introduces the foreign experience about the entity of fine penalty execution,the way to pay the criminal fine,Fine Exchanging system,criminal fines oversight mechanisms.Part ?:settlement proposals of fine executing difficulty.First,we should improve the applications of the criminal fine penalty by expanding the scope of criminal fine and changing the way the way in applying fine penalty.Second,a clear definition in criminal fine penalty execution procedures,including stipulating the entity of execution fine penalty,the establishment of the transfer system.Third,improve the implementation of criminal fine system,it is recommended to promote the deferred payment system,the establishment fine exchanging system.Fourth,establish terms of fine penalty execution supervision mechanisms.