On Flaws And Perfect Of The Fine Penalty

All countries attach importance to how to better achieve the purpose of punishment, receive better execution results. With the concern of human rights protection and social effects of execution, national legislation and judicial practice pay more and more attention to fine penalty. In mitigation of penalty under the international trend, fine penalty has become the representative of the penalty mitigation. Mitigation does not mean that it can not use heavy penalty, however, if a penalty has achieved the corresponding relationship with crime, and save judicial resources, the rights of inmates can suffer the least damage and can achieve better purpose of punishment, we should choose it. How to set a reasonable fine legislation and resolve the problems in the judicial practice has become the important measure of a country of legal civilization and progress .In our country's current criminal code, shall only be fined and choose-fine penalty in a lower proportion. In one of the few fine penalty style, must-criminal fine penalty accounted for a large proportion. Therefore, in general,heavy fine penalty is more and open way of fine penalty is less in our criminal law. The characteristics of the mitigation use of torture in the performance of our criminal law is not very clear. In addition, fine penalty legislation is inconsistent, the amount of fine penalty 's defects and other issues of legislation is relatively clear. Legislation is the forerunner of justice, imperfect legislation of fine penalty directly affect judicial application and enforcement of effective, discretion imbalance is prevalent during the process of judicial discretion of fine penalty, fines imposed have not been surprised by the lack of implementation. Therefore, improving our legislation to resolve many problems that exist in the fine penalty system has become the only way for our legislation. To this end, the author propose expanding the proportion of choose-fine penalty and limited-fine penalty, limiting the proportion of unlimited-fine penalty and must criminal fine penalty, draw up scientific and standardized rules of judicial discretion, establishing bargaining system of fine penalty, probation system and commutation system etc, the author hope these measures will be beneficial to our legislative reform of the fine penalty.