Research On The Application Of Fine Punishment Of Larceny

In modern times,with the development of leniency of punishment,the system of fine punishment gradually took the center of the penalty stage.At the same time,fine punishment has achieved good results in punishing crimes of greed and petty crimes.Especially for the purpose of "profit" to take the crime,the use of property penalty is reasonable.For minor criminal crimes with less malignant subjective behavior and greater possibility of social reform,which will not cause great social harm,it is better to apply fine punishment,which also reflects the criminal policy of our country of tempering leniency with severity.Although the fine punishment has so many advantages,there are still many problems in practical application.Therefore,the author collected 249 representative judgments of theft cases from 2019 to 2020,and then integrated the relationship between the judgment of fine amount and various criminal circumstances and sentencing circumstances in practice.vastly different amounts of fines,and the influence of different circumstances on the amount of fines is not consistent,and other unbalanced phenomena of sentencing.The author thinks that in practice there are such different fine sentences,mainly because of the natural deficiency of the fine punishment system and the different tendency of the judges.On the other hand,the provisions of the criminal law led to theft crime penalty punishment cross power usage effective ness,the inconsistent with the characteristics of the theft crime groups in our country is generally poor,make the "unjust punishment" in judicial practice "collective punishment not guilty" "with money to redeem punishment" and other abuses,deviated from the intention of criminal law legislation in our country,is not conducive to correction of crime subject and the prevention of theft crime.This paper intends to start from the path innovation to study the application of the fine punishment of larceny.The fine punishment has been studied for a long time in theory,and scholars also have many mature views on it.On the one hand,there is no denying the fact that China’s criminal law for stealing the provisions of the applicable penalties for combating and preventing theft crime has played a certain effect,but because of the complexity and particularity of China’s social reality in the judicial practice,there have been some doesn’t tally with the legislative purpose inconsistent results,even the larger negative effect.On the other hand,due to the lag of legislation,the judicial judgment is rigid,and the fine punishment cannot be correctly judged.It is an urgent problem that how to get out of the confusion and effectively realize the original intention of legislation of our criminal law so as to accurately strike and restrain the theft crime.