On The Application Of The Criminal Fine

Fine penalty has a long history in China and foreign countries. Afterthe 17th century, fine penalty clearly came down in the ladder of penalsystem and was applied very little in many countries. After the 19th century,most countries attached great importance to fine penalty and expanded itsapplication.The part of the foreword, introduces the modern development trend ofthe system of fine penalty and corresponding situation in our countrybriefly. This part proposes that the research direction of this text is probinginto the current state and issues in application of the f fine penalty systememphatically. Based on this, combines our country's criminal legislation,administration of justice, proposes suggestions that perfecting the systemof fine penalty.Chapter one concerns some basic theoretical problem of fine penalty.From here we know the definition and character, it also points out theessence and application way of fine penalty.Chapter two is about the value and status of Fine Penalty. FinePenalty is a crucifixion with advantages and disadvantages. That enlargesthe application of fine penalty or not, depends on the base of not only thedevelopment of societal economic, but also the effect of law culture to thesociety, and the discussion and prescript of fine penalty's consummatemeasure. Firstly, through the discussion between abolish and retention offine penalty, the writer think that free penalty has some more advantagessuch as punish economic crime than short-term punishment against liberty.Fine penalty is applicable current of the development of world crucifixion,although there is some lack and abuse of the fine penalty. Fine penalty willget more exert of contradict crime, and the other advantages is distinct.Secondly, through the discussion between several kinds of opinions of finepenalty's status, that regards the fine penalty's action, and enlarge itsapplication is necessary, but needn't make the fine penalty become mainpunishment from Add-ons one and change our intact, rigorous, scientific system of punishment.Chapter three comments generally on the current situation ofapplication of the system of fine penalty, reveals many problems of thissystem found in judicial practice, the difficulties of execution of fineespecially, analyzes reasons for these problems from judicial conception,legislation and current situation of judicature.Chapter four makes some constructive suggestions to perfect thesystem of fine penalty, guided by advanced philosophical theory ofpunishment and based on the judicial practice, from the point of view ofprotecting the rights and interests of litigants.Every institution has its defection, so does fine penalty. Just becauseof that defection, human being need keeping work hard so that we canovercome it. Therefore, the academic research will not be stopped. The gistof this thesis is to perfect the fine penalty system and realize its functionsin modern penalty system.