On Expansion Of The Basis Of The Criminal Fine Is Applicable

Fine penalty has a long history in China and foreign countries. After the 17th century, fine penalty clearly came down in the ladder of penal system and was applied very little in many countries. After the 19th century, most countries attached great importance to fine penalty and expanded its application.Chapter I expounds the general foundation of expanding range of application of fine penalty. Fine penalty expresses relative equality. The author has tried her best to make a comparative study of fine penalty systems as well as relevant theories of both China and foreign countries and has written this dissertation by integrating theory with practice.Chapter II expounds the timely basis of expanding range of application of fine penalty. The author discusses the economic condition as a decisive element of the rise and fall of fine penalty and its two aspects in market economy. And the author discusses the development of fine penalty on the basis of legal and cultural trends. It analyses function of fine penalty to negligent crimes, avaricious crimes and corporate crimes by way of studying fine penalty in Chinese and foreign Criminal laws.Chapter III expounds fine penalty and punishment against liberty. Difficulties in execution of fine penalty are common in the whole world which is concentrated in no payment If fines. The author believes that if we want to overcome difficulties If execution, we have to expand our theoretical fields of vision to the whole operative mechanism of fine penalty, adopting an overall strategy If decomposition, and preventing us from concentrating all difficulties in the stage of execution. The author puts forward some suggests: adding a new system ofchanging imprisonment penalty into fine penalty and adding a new system of changing fine penalty into imprisonment penalty.Chapter IV expounds that expanding range of application of fine penalty has been a logical conclusion.