On Problems And Solutions In Fine Penalty

Fine penalty is light than death penalty and imprison. The theoretical research and the legislation of fine penalty should be guided by the essence of fine penalty.Suffering and condemn and punishment are essence of penalty. Because money could be content of penalty as a form of freedom and the open execution of fine penalty make penalty be efficiency, fine penalty should be broadened. From the essence of fine penalty, we are sure to regard fine penalty as the result of light penalty. Broadening the range of application of fine must be land on the firm foundation of penal theory. Retribution is the basis of penal theory.But the basis theory of fine penalty is utility in China. It's the reason that fine penalty can't be applied well in China. The fine penalty with Chinese characteristics in legislation is that: amount of fine is excess, our fine system concentrates on combination punishment and so on. The suggestion in legislation is that: maintain the nature of fine penalty and reduce amount of fine and making proportion scientifically between the fine and freedom and broadening independent fine.The execution of fine penalty should be improved too. For somebody who don't contribute on purpose, we should use imprison as a substitution. For somebody who has no money to contribute, we could establish tagessatz system. For minor, we could substitute commonweal labor for fine penalty.