Research On The System Of Performance Of Fine Penalty

Fine penalty is an ancient punishment，according to Dr. Shaoweiguo sophisticated finepenalty of China did not originate in the gold for redeeming，but the late Western Dynasty inthe "fine goods"，but since a long time criminal fine relatively isolated until the20th century，the trend under the influence of Penalty，a fine sentence with renewed vigor，and manycountries around the world have established a criminal fine system， China is noexception.Following the97"criminal law" extend to the criminal fine，the Criminal LawAmendment (eight) not only the majority of the new charges are equipped with a criminalfine，and there are some provisions of the criminal fine certain modifications. However，thecriminal fine in practice and did not achieve the desired effect，the implementation of thecriminal fine is difficult，the rulings low the problem has become a hard knot of justice. Thereasons for this situation，and whether the process for the implementation of the criminal fineto resolve a policy， which is to explore in this article.This article is divided into the introduction and body two parts，the body consists of threeparts：The first part is a brief description of the basics of the fine of China and itsimplementation. The first is to introduce the concept of the criminal fine，a few representativethrough the comparison of Chinese and foreign scholars to the definition of the criminal fine，and put forward their own insights into the concept of the criminal fine. Followed by theintroduction of the characteristics of the criminal fine，and are deprived of the rights andinterests from the criminal fine，sentenced to the main criminal fine，fine criminal deprivationof the rights and interests of nature and the fine punishment of deprivation of moneyattributable to the four in terms of its characteristics. Once again，the expression on the modeof application of the criminal fine，the perspective from countries outside the legislativeprovisions and the legislative provisions of the Criminal Law to describe the mode ofapplication. Finally，a brief introduction the provisions of the Criminal Law criminal fineenforcement regime，"Criminal Law" in China53and the Supreme People’s Court on theprovisions of the applicable property punishment，summed up China’s implementation of the criminal fine.The second part is the focus of this article contains a fine of China the status ofimplementation and reasons for the two blocks. Through the practice of data to reveal thefine，such as empty sub-contractors and the offender escaping criminal fine paid status ofimplementation of these two criminal fine. Then there is the reason，these four aspects of thelegislation，justice，offender and minors for criminal fine described in detail the reasons forthe criminal fine status. Criminal fine for the way legislative reasons requirement isunreasonable，the lack of change measures can not be performed，deficiencies and criminalfine configuration mechanism unscientific four procedural law of the criminal fine. Justicejudge criminal fine considerations，the implementation of the criminal fine not enoughsupervision and co-ordination and sectoral interests of the Court-driven three reasons.The third part is the key to a criminal fine of difficulty in enforcement countermeasures.Proposed by some scholars of the comments，the criminal fine to torture and prepaymentmainly by the increase in supplementary punishment sentenced to two measures，put forwardtheir own proposals. Specifically，the perfect legislative，judicial improvement and additionalcountermeasures of the three systems，legislation to improve with the application of thereform of the criminal fine，and improve the volume of fine legislation，and expand thecriminal fine the scope and improve the criminal fine implementation of procedural law mainpoints，improve the administration of justice by the emphasis on the application of thecriminal fine and to strengthen co-ordination and supervision of public security organs，andtwo additional system is fine the criminal probation system and the Criminal Fine system.