| Fine punishment, refers to the People’s Court sentenced the offender to the state according to the provisions of the criminal law, to pay a penalty of its own a certain amount of money type. In the world in recent years Mitigation of Penalty and efficiency of the trend, countries are trying to improve the fine punishment in the applicable rate of punishment of criminals. Charges applicable criminal fine was increased from79years of criminal law to the penal code of1997, the fine punishment has played a very active role in the judicial practice is becoming more and more prominent. However, compared with other countries and regions criminal fine applicable, the relevant provisions of the applicable fine punishment in China still has some defects. Such as the scope of the criminal fine is still very narrow, the applicable amount of the criminal fine is still not clear enough, death row inmates, juvenile offenders and the special unit commits the applicable provisions of the still imperfect. Better play fine punishment punishment, education, the transformation of the role of the crime, in this article, the application of the criminal fine from five aspects were discussed.Article to remove the introduction and conclusion five parts, the first part elaborates the concept, characteristics and function of the criminal fine, to a more comprehensive understanding of the fine punishment, in order to better complete the writing behind. The second part introduces the fine punishment system for Germany. Japan, Taiwan, China and Macao regions, in order observed criminal fine overview of the development and trends of the modern era, at the same time hope that the experience of these countries and regions, the system of fine of China The perfect a reference. The third part of the first starting from the status quo and defects of the scope of our criminal fine, and then analyzed perfect the fine punishment Scope should adhere to the principles and specific ideas. The fourth part of the method for determining the amount of the fine punishment, in the understanding of the basis of its defects, trying to find a clear volume of fine principles and specific measures. The fifth part is a special application of fine punishment, by understanding the fine punishment of death row inmates, juvenile offenders committed by the applicable status quo found shortcomings fine punishment applicable requirements of this three types of criminals, propose this article. |
