Study On Application Of Fine Penalty

As a penalty method, Property punishment is second only tolife and freedom punishment, occupies an important position ofthe penal system around the world. In particular, with thedeveloping trend of mitigation punishment on the world,Property punishment likes to replace the freedom punishment tobecome the center of penal system. Fine, as a major form ofproperty punishment, should arouse our attention. In thejudicial practice of China, fine is usual, but there are stillsome inadequacies, these deficiencies are closely linked withlegislative, judicial and theory. This paper analyzes relativeproblems of fine, and puts forward some suggestions forimprovement. This paper is comprised of the following parts:The first part is investigation of fine. This part is mainlyfrom two angles of legislative and judicial application toinvestigate. The main content of legislation investigation isthe distinguishing feature of applicable object and methods.The judicial inspection is through the analysis of15cases oftypical organizes crime, to point out that the application offine is single and uncertainty.The second part is the main problems of fine. After the investigation of fine, this part is mainly to discuss theunreasonable problem, to point out the application of fine hasthe problem of unreasonable legislation and uncertain judgefoundation.The third part is the according of fine. This part is mainlyto discuss the according of fine, includes retribution,utilitarianism, basic principles of criminal law, criminalpolice and judicial interpretation. Then it discussed therequirements of according to fine and the violation.The fourth part is the improvement of fine. Previously hasbeen identified the problems of legislative and judicial, toputs forward some improvement suggestions about legislativeand judicial interpretation.