Linkage Mechanism Of Fine Penalty And Commutation And Parole

Fine penalty is one of the main supplementary punishments in our country,and plays an important role in criminal law system.But in practice,there is a large number of fine penalty can not be effectively implemented which greatly restricts the function of the fine penalty and weakens the power of judicial authority.Based on the own work experience and investigations on Bureau of Public Security,Court of Justice,People’s Procuratorate and so on,the author tries to analyze why the fine penalty is difficult to enforce from the the theoretical and practical levels.With the problems and needs of fine penalty implementation in the practice of Bureau of Public Security,Court of Justice,People’s Procuratorate,the author puts forward personal opinions on improving the foundation of legal principle,basis of law and feasible strategy of linkage mechanism in executing fine penalty,commutation and parole form the expects of legal principle,legislation and judicial practice,so as to provide suggestions for enhancing the educational function of pine penalty.This paper is divided into four parts.First of all,from the current situation analysis that fine penalty exists "empty sentence",the criminal refuses to pay and can not distinguish between personal property and other,respectively,we try to find the reasons causing the difficultly implementation of fine penalty from the legislative,judicial,law enforcement aspects.In the second part,the author puts forward that there is a linkage in the implementation of fine penalty,commutation and parole,and raises the opinion that the implementation of fine penalty should be the prerequisite of commutation and parole.To establish the linkage of implementation of fine penalty,commutation and parole can solve the problem of being hard to execute fine penalty.In the third part,to analyze the effect of the implementation of the penalty in the commutation parole cases of recent years,to list the legal basis,law basis and policy basis of the linkage mechanism,paving the way for raising the opinion on the operation of the linkage mechanism of fine penalty implementation,commutation and parole in the following chapters.In the last part,the author gives the suggestions on solving the problem of implementing fine penalty hardly through improving the linkage mechanism operation of fine penalty implementation,commutation andparole.In this chapter,firstly,state the application principle and prerequisite of linkage mechanism,putting forward that to enhance legislation and to add the prison as the subject of execution of fine penalty.Secondly,state the cooperative subject and responsibility of judiciary and improve the system of personal property survey and tracking information,so as to perfect the steps of linking execution which insures the seamless of implementation process.Finally,state the supervision and promotion programs to make sure the positive operation of linkage mechanism.