| Fine penalty refers to the penalty method that the criminals are sentenced by the court to pay certain amount of money covering the legally owned cash, stocks, bonds and other securities to the country. The fine penalty of China can be traced to the "redemption punishment" in the ancient society. After experiencing a long and tortuous historical development, it started to appear in all kinds of criminal law systems in the late Qing Dynasty and the early Republic of China as a real modern penal system. Especially, after the foundation of the new China, the fine penalty finally developed into one of the important penal system in current Chinese criminal laws after experiencing the previously enacted criminal law drafts, the "Criminal Law" in 1979 and in 1997.In China, after the establishment, the fine penalty system has experienced a series of development, and completion and finally forms a relatively complete system, which is of great significance to the legislation and judicial practice in China. But due to legislation technology and other reasons, there are certain deficiencies existing in the legislation and judicial practice of Chinese fine penalty system, and they mainly includes narrow application range, simple application method, discretion principle vacancy, judicial discretion imbalance, simple execution mode, unclear executive body and obvious deficiencies in the supervision mechanism of execution. Based on the reference of foreign fine punishment system and in combination with the actual situation of China, the paper puts forward to specific perfect measures mainly including: appropriately expand the scope of fine penalty; enrich the application method of the fine penalty; establish the principle of fine penalty discretion given priority to "the criminal circumstances and financial situation of the criminal object"; adopt the day fine system as the discretion method of fine penalty in China criminal law system; add the probation system of fine penalty, and exchanged penalty system of fine penalty; set the executive body of penalty decision given priority to the executive tribunal of the court, and establish the relevant mechanism and system; establish the supervision mechanism of fine penalty given priority to procuratorate. The above measures are adopted to perfect Chinese fine penalty system, improve the quality of its execution and execution efficiency, and develop its due function and value. |
