| As an ancient way of penalty-Penalty in the world have a very long history and cultural traditions. We examine the historical development of the national penalty, we can clearly see the important role played by criminal fine and brilliant mark in the long history of the left. So "Why would Penalty", and "Why should establish criminal fine in the penal system", for these two issues, academics have different opinions, but I held theory is that the cost of crime. We will be frequently used in economic life "cost" is the word that we are familiar with, understand its deeper meaning, therefore, the author here on the "cost" is defined do not get to the bottom and repeat. The criminal law experts put the cost of borrowing to the concept of criminology in an effort to form a very vivid image of professional terms-the cost of crime, such a great concept of digital words can be very good for quantitative analysis of criminal behavior. Penalty "currency Properties" well able to explain their criminal acts to increase the cost of crime. Everyone is a rational agent, when the punishment is much higher than the income of an offense when the perpetrator might this economic analysis, which may give up crime. If the perpetrator of the implementation of the applicable fine penalty offenses, criminal penalties may apply to the strength he can not afford to go to make the implementation of criminal activity. Applications such penalty Penalty way, in a way that allows the offender to lose crime proceeds obtained, and an increase in direct costs of perpetrators of crime. This effect may often lead to a lot of people consider the proportion of crime after their criminal proceeds and cost, and thus give up the crime, the punishment for good results.The author of this paper will follow the introduction, body, conclusion of the order discussed in the text, the author analyzes from three aspects argument.The body of the first chapter, the author describes the evolution and history of Chinese foreign institutional Penalty Penalty system, and the author were to explore and express their views on each historical stage, for the following investigate the status quo and the Chinese Fine problem pave.The second chapter text, the author used the method of comparative analysis to illustrate the similarities and differences between Chinese and foreign criminal fine in our current situation and problems in the legislative and judicial. Mainly from the different aspects of foreign criminal fine, such as the status of fine penalty, the application of the principle, applicable methods, scope and amount of other areas to extract the Chinese should learn from.The third chapter is to improve the body’s fine penalty. I try to learn from the text of the second chapter of the status quo to look for "clues", the basic idea of the author’s thesis writing along to question the "target" remedy for the problem raised by the text of the second chapter, the one given to respond to out of ideas and methods to solve problems. |
