On The Reform And Perfection Of Fine Penalty

With the development of the modern judicial idea,more and more researches have been done on the system and execution of penalty in the field of criminal law.In our country’s penalty system,we have established the "Ridge" of penalty,which is based on freedom penalty,and the "flesh and blood" of additional penalty,which is based on property penalty and qualification penalty.Based on the data of judicial practice,this paper studies the fine penalty system,in order to find out the problems and causes in the application and execution of the fine penalty at present,in order to provide more practical suggestions for its reform and improvement.The first chapter of the article analyzes the status quo of the judicial application of the fine penalty.Through the analysis of the judicial trial data of People’s Court in J city in 2016 and 2018,we can accurately grasp the situation of the judicial application and discretion of the pecuniary penalty,then the author has an objective and correct understanding of the high rate of application and the excessive amount of fine in the application of fine penalty.The second chapter of the article analyzes the status quo of the judicial execution of fine.Based on the fine execution data of People’s Court in 2016 and 2018,the data of judicial discretion fine,active payment of fine and compulsory execution of fine are analyzed.Through the cognition and analysis of the relevant laws and regulations and the data of fine execution,the author finds out the reasons for the difficulty of fine execution.The third chapter analyzes the existing problems of the fine penalty.On the one hand,in view of the problems existing in the application of the fine punishment,including: First,the application of the fine punishment,the application of the way leading to mechanical application,excessive application;second,the discretion,the principle of discretion based on the circumstances of a crime leads to the problem of non-uniformity of discretion and the problem of excessive sentencing caused by the amount of discretion based on unlimited fine,there is a lack of criminal procedure and the system of commutation of detention period to fine.On the other hand,there are some problems in the execution of fine: first,the time limit of the fine execution recovery leads to the accumulation of execution cases;Second,the single and too strict implementation of the change system can not meet the conditions for implementation,not conducive to the implementation of the results;third,the implementation of imperfect supervision procedures resulting in incomplete supervision,unprofessional,inadequate.The Fourth Chapter of the article on the reform and improvement of the fine put forward the basic idea.In this paper,the theoretical basis and the practical basis of the two aspects of the argument,put forward to solve the applicable aspects of the institutional concept,it includes: Setting up the system of probation for pecuniary penalty,perfecting the principle of discretion in the amount of pecuniary penalty,abolishing the unlimited pecuniary penalty and perfecting the applicable procedure of pecuniary penalty.To solve the problem of difficult implementation of the system concept,including: Improve the fine execution,execution supervision,implementation of the concept of change.