A Comparative Study Of The Penalty System Between China And South Korea

The fine penalty has not been valued for a long time,but its history is very long.With the gradual easing and humanitarian development of the penal punishment in all countries,the scope and application of fine penalty gradually began to expand,and the status and role of fine penalty in the criminal system of various countries has been improved continuously.There are only 20 charges which involving fine penalty in the criminal law of China in 1979.Although the criminal law has expanded the scope of the application of fine penalty in 1997,there are still a lot of problems that need to be solved in the legislative and judicial practice.Both China and Korea belong to the oriental culture circle,and their cultural backgrounds and historical traditions are very similar.In Korea,the practical application rate of fine penalty is very high.The attempt and accumulated experience in solving the difficult problem of execution of fine penalty should be used for reference in our country.It can be said that a relatively complete system of fine penalty system has been formed in Korea.In China,the current criminal law has been amended nine times,and a large amount of the charge of fine penalty is added.In order to improve the application rate of the penalty,more than half of the charges are applicable to the fine and the system.Even so,there are still a lot of problems in the system of fine penalty in our country.When solving the problems existing in the application of fine penalty,we should look at Korea,which belongs to the East Asian cultural circle,and seriously punish the criminal fine system in Korea.Through investigation and reference,it puts forward feasible suggestions for perfecting our fine penalty system.This article starts with the concept of fine punishment in China and South Korea,sums up the concept of fine penalty,and analyzes the characteristics of fine penalty.And the advantages and disadvantages of fine penalty are analyzed comprehensively.The advantage of fine penalty is far greater than the abuse,so the penalty can be widely applied after the two World War,and it has become the most effective penalty to punish the negligent crime and the legal person crime.The important criterion of evaluating and judging the relative merits of the fine penalty system is whether the fine penalty really exerts its own excellence and avoids its disadvantages.The Korean fine penalty has a long history,and it can be traced back to the ancient Korean law.The current Korean Penal Code stipulates the penalty as the first of the property punishment,and has been widely used in the specific provisions.There are great differences between China and South Korea in terms of the prescribed amount of penalty and the way of application.The ratio of Korean fine in practical application is very high,which is far higher than any other punishment.In Korea,the penalty of fine penalty is the principle of the total penalty system,and the most commonly used penalty is the fine penalty in Korea.In the execution of the fine penalty,South Korea has formed a number of special enforcement systems,such as the limitation of execution,the probation of the fine and the easy penalty of the fine,which provide the guarantee for the smooth execution of the penalty.Through the investigation of the Korean fine penalty system,we can find a lot of practices which deserve our reference,such as raising the status of fine penalty in our country's penalty system to the main punishment,optimizing the legislative configuration of fine penalty,expanding the scope of the application of fine penalty,and drawing on the system of fine penalty and probation to ensure the smooth execution of fine penalty.Degree.