Research On Execution Of Pecuniary Penalty In China

In order to punish the corruption crimes, the status of property penalty in Chinese system of criminal punishment was established in 1979. Furthermore, the revised Criminal Law in 1997 expanded its application range. Fines and confiscation of property as additional punishment have played vital role in striking and curbing crime. The wide application of property penalty is the demand for mitigation of the penalty values as well as application punishment in economic crime and corporate crime.And it's also an important sign of reform in modern penal system. Property punishment is a type of penalty method in the content of the deprivation of property. since the week deterrent effect and limited reformatory education which may contaminate termers and lead them to be criminals again, it's apparent to find the limitations of the Short-term Imprisonment Penalty. Property punishment can not only avoid the drawback of Short-term Imprisonment Penalty but also remain criminals'contact with society so as to help them return to society easily. In addition, property punishment can prevent some illegal gain of property and corruption crime. For above reasons, nowadays countries in the world put increasing emphasis on the application of property punishment。In some Western developed countries, offenders sentenced to be property criminals account for 50% of the total number of a criminal offense, or even 80% or more.The essence of Property punishment is to make criminals suffer the pain of being deprived of money, and at the same time, represent the state's negative evaluation on criminals morally and politically. The application range of property punishment in the 1997 revised Criminal Law greatly expanded and punishes criminals in both personal freedom and personal property. The criminal law has strengthened its deterrent power to strike and curb the growing incidence of crime. However, due to the unsound legislation in implementation of property punishment and other reasons, property punishment can not be implemented effectively. This situation seriously undermines the seriousness and authority of the people's court and violates the basic principle of criminal law as responsibility for an offence should suit for his penalty. In modern judicial term, there is no denying that the property punishment has its law value as a wide use and high application of penalty. However, its penalty function can not be exerted effectively due to all kinds of barriers in implementation, which heavily affect the authority of criminal law. In modern punishment theory, it is believed that punishment lies in implementation and it will become meaningless without implementation. Criminal property problems mainly in the implementation of criminal property, this has become a long-term problems and the theory of the criminal justice sector is a major issue. The main problem of property punishment is the lower enforcement rate. The key point in the property punishment is in the implementation. The property can not be executed is like a dead letter. While the main crux of the property punishment is that punishment is difficult to perform or not performed. Therefore, strengthening the theoretical research on application and implementation of property punishment is meaningful to guarantee our punitive authority and resolve the problem of hard implementing property punishment both theoretically and practically.This thesis will analyze the problems in implementing criminal property and discuss such specific practice issues in implementation as compulsive enforcement measures, the suspension and termination, and supervision. Through these further analysis, the author believe that some problems exist in the implementation of property punishment, including concept, system design and implementation. As a result, the proposals are put forward to perfect legislation and justice so as to help to solve the problem of hard implementation of criminal property. To solve the problem of the hard implementation of criminal property, besides the renovation of concept, many sections involving law enforcement and investigation, prosecution, trial and implementation need make joint efforts and resolve problems related to implementation of property punishment from substantive and procedural aspects during the process of sentence and implementation. According to the existing problems in implementation of Criminal enforcement of property, combined with research findings from criminal law theory field, specific judicial count measure is put forward. Second, legislation in the criminal enforcement property needs improving, which need take cases in our implementing legislation of criminal property into consideration. Meanwhile, we need learn useful experience from other countries and regions in the world and take the reality and feasibility of proposals into account. In legislative system, the legislation should be decentralized, focus key points and cooperate together. In technical aspects of the legislation, the civil procedure provisions that can be taken as reference should be defined clearly; we can use "permitted" legislative technique to regulate that the civil lawsuit provisions can be applied to the compulsive enforcement, termination, and supervision in implementation of property punishment and perfect some provisions in criminal substantive law and civil Procedure Law. We also need improve procedure legislation of property punishment and increase guarantee system in the code of criminal procedure, such as system of property investigation, property preservation, procedure of lawsuit and argument, the delay payment of fines to coordinate legislative system and finally lay the foundation of procedure law for the fine implementation of property punishment.