On The Perfection Of The Fine Punishment

Since the late nineteenth century, the development tendency of punishment gradually towards the light slow change. The fine punishment as one of the punishment method has a very long history.On the progress of light penalty, the fine punishment played an important role all the way. Both in-depth and comprehensive research on legislation and practice problems of the fine punishment, can not only provide reference for enrich and perfect our punishment theory at present stage, but also provide theoretical guidance for how to apply the fine punishment correctly in judicial practice.In the past long time, by our traditional criminal ideas influence, in the legislative and judicial practice we often pay more attention in convicted than sentencing;appreciate imprisonment and life penalty but belittle property penalty, and rarely apply to fine punishment. Obviously,this kind concept of punishment is out of proportion to the economic and social development in our country and also do not conform to the trend of the development of the current criminal law. Undeniable, when our country amend the criminal law in1997, fine punishment also got very big improvement:First of all, expand the scope of application of the system fine punishment; Secondly, the provisions in the application of the method is more diversification in97criminal law, and also increased the single department of fine punishment; In addition,provide two kinds of methods to fix the amount of the fine:limit fine system and times fine system; Finally add two execution system, namely civil liability priority system and fine recovered anytime system. Can see, the new criminal law on fine punishment has powerfully improvement and also have made some achievements in practice.But the subjection of on perfection of fine punishment did not end there, but a new good beginning, this can be proofed in many ways,such as all over the world pay attention to the reform of the fine punishment, the enthusiasm for discuss the fine punishment in our criminal scholars and various confused in judicial practice and so on.With gradually changes and improvements from imprisonment to property penalty and qualification penalty, fine punishment more and more pay attentioned by countries lawmakers and judicial circles, also gradually become a hot issue in criminal law theory research. As a kind of non-custodial punished way, fine punishment play an effective role in punish the corrupt crime, is not only beneficial to the judicial resources savings, and in preventing criminal aspects such as cross infection also better than other punishment way. But with the advanced compared with that the developed countries of the criminal code provisions fine punishment system still lag behind, there are some flaws,too.Such as our criminal law still provide fine punishment as accessory punishment, and in fact this kind of legislation pattern against the requirements of the development of the punishment system; Punishment of the crime of general greed is fine and families of the provisions of the principle of lack of, also the lack of select the amount of the fine sanctions principle provision; Select the applicable provisions of the fine charges in the provisions of too little; The amount of the fine needs to improve the legislation, no limit of the fine charges apply too much; Legislation in fine punishment discretion principle about the provisions of the defects still exist; For in several crimes in the fine and sentenced to confiscation of property or several fine punishment, and the problem of whether lack of legislation:About first custody can fold into the fine is lack of legislation:For minor crime fine punishment of discretion of the legislative defect problem; Fine punishment execution system is not perfect, and so on. Fine punishment in the practice has flexible operation, convenient for the advantages. But with the national legal system advancement, fine punishment in judicial application hysteresis gradually began to appear. For example:the situation of "empty sentenced " is more serious, which means a lot to be sentenced to a fine and already in force, but most have not been effective execution; Pay the fine before the sentence is common; The phenomenon still exist that violation of the provisions and laws,do not sentence the case which its should be; In determining the amount of the fine more chaos; To pay a fine as the prerequisite of commuted or parole and so on.In addition, our country do not provision the specific executive department of fine punishment either. From above the various defects can be seen, the discussion on perfection the theory and practice of fine punishment system is not an old cliche, but still has very important practical significance. In view of this, the author choose "on perfection of the fine punishment" for argument and research.This paper is divided into three chapters, according to the following logic layer to research the perfection of the fine punishment: 1, The first chapter of this article based on the overall, expound the fine punishment system from the macroscopic perspective. Mainly include the history of fine punishment development process; how the essence of fine punishment, what characteristics it has and its species; the scope of application of fine punishment, etc.2, The second chapter mainly expatiates the present situation of fine punishment system in legislation and the judicial in our country, and combining with the foreign related legislation, contrast with our provision. Only clear understanding of reality,analysis of the imperfect reasons of fine punishment system at present in our country, and on this basis for the next improvement.3,The third chapter "the perfection of the fine punishment", combined with the second chapter according contrast our fine system with abroad provision, comprehensive analysis how to perfect our fine punishment system, looking for a new ideas on perfection of fine punishment in legislation and judicial.This paper lead with the advanced idea of criminal punishment philosophy, based on the situation of our country and combining with the judicial practice experience, give the fine punishment perfect problem take another probe, so as to find and looking for a reasonable appropriate methods to solve the problems about the legislative defects of fine penalty and the judicial execution difficulties,provides the theory reference and legislative suggestion for perfection of our fine punishment,and try to provide a theoretical reference for judicial practice of application of fine punishment.