On The Execution Of Fine Penalty In China

As one of the significant signs for mitigation and scientificalization of penalty, people pay more and more attention to the fine penalty. The comprehensive application of the fine penalty has been already one of the general treads of penalty in the modern society. Compared with punishment against freedom, especially short-term imprisonment penalty, the fine has its own unique advantage. The criminal rarely voluntarily submit the fine after judicial authorities render the final judgment according to the applicable laws. Therefore, it is very necessary for the authorized institutions to enforce the fine penalty. In the same time, we can see that it is a tough issue of the inefficiency of the execution of the fine penalty in almost every jurisdiction in each nation. China also faces the problems about how to well implement the fine in the reality. There are many aspects causing the difficulties in enforcing the fine:on the one hand, it relates to the people's court and the fine; one the other hand, there are still many defects about the execution system and measures of the fine, the design for the monitoring system,and also the enforcement procedural itself. This essay is divided into four parts. Under the guidance of the basic theory about enforcement of the fine, the author will dedicate the energy to analyze the existing issue according to the current situation of China and try to generate creative and reasonable solutions.The Chapter one discusses the basic legal theory about fine execution, which include mainly two parts:the first one is to study about the fine's definition and legal features, furthermore, about its pros and cons. From the discussion, we can draw the conclusion that enhancing the application of the fine has been already the general tread in legal regime of the criminal penalty around the world. This section will lay solid foundation to prove necessity and practicality of further research about the fine penalty execution. The part two will concentrate on the execution of fine's definition and legal feature, which intent to provide the theoretical basis for following analyses about practical issues, and summarize the tough issue of the inefficiency of the implementation of the fine penalty in our country.The Chapter two will discuss the principals that should be adhered during the execution procedurals after establish the necessity of study about the fine penalty execution and its basic theories. In this essay, the author proposes that the basic principal of the fine penalty execution should be the legal complex of the basic legal framework both derive from the criminal execution and civil execution. Based on the fine execution's definition and its features, the essay proposes four basis rules:principle of legitimacy about the fine enforcement, the principle of the complement for the compulsory execution, the principle of the humanitarian treatment, the principle of the differentiated treatment in the execution procedural.The Chapter three to six are the essential assets of this research paper. Stating from the execution subjects of fine penalty in China,from enforcemant body, bereft objects, procedural and supervision those four fundamental points, this essay will analyze each existing drawback and find out the countermeasures to solve the issues. Based on the current national situation in China, author will give her own understandings, opinions and solutions to those questions with her own thoughts derived from the advanced foreign legal experiences.From the whole article, author address herself to emphasize the following idea:it is obvious obstacle for the execution of the fine penalty in China, in the same time, China has not paid much attention to the fine execution yet due to the influence from the thousands years of "severe penalty" tradition. From the legislature's perspective, the law and relevant regulation are poorly designed and enacted; from the judicial practice's perspective, there are no uniformed standard and method to implement, thus, it is imperative to further the study about the fine execution and enhance the awareness about the its importance, which noteworthy meaning is not only about to follow the new global tread of mitigation of criminal penalty, but also to successfully handle emergent issues in our judicial system.