Study On The Revision Of Fines And Penalties In The Amendment To The Criminal Law

The eleven amendments to the Criminal Law promulgated in China have greatly increased the scope of applicable crimes for fines and penalties,and have made a large number of revisions to the allocation of fines and penalties for each crime,but there are still many deficiencies in the current fines and penalty legislation system after the revision,such as the unscientific setting of composite fines,the balance of legislation needs to be improved,and the lack of refinement of penalties due to too many provisions on unlimited fines and penalties.As a result,a series of difficulties have also arisen in the judicial application of fines and penalties,including the phenomenon of different penalties for the same crime in the application of the provisions of the unlimited fine system,the overall enforcement rate of fines and penalties nationwide is low,the amount of enforcement in place is small,and there is a conflict between the enforcement of fines and the confiscation of some property.These problems have aroused extensive discussion in the academic circles and urgently need to be solved,which prompts us to analyze the internal causes of their occurrence,and from this point of view,we will start from the two aspects of legislation and justice,deduce solutions and perfect measures,and coordinate efforts.On the one hand,the legislative improvement measures proposed for the existing problems of the fine punishment system: First,specific provisions on the application of the compound fine system should be added to the criminal law to enhance the certainty of China’s fine punishment legislation;second,when the legislator revises and improves the criminal law in the future,he cannot only consider the fairness of individual crimes and whether the punishment allocation of individual crimes conforms to the principle of proportionality between criminal responsibility and punishment,but should pay more attention to the overall balance and coordination of the criminal punishment system;Because some legislators may deviate from the legislative concept and lead to an unreasonable comparison of fines and penalties,in the future revision of the fine punishment allocation,the legislator needs to abandon the concept of heavy punishment deterrence,and should clearly stipulate that the economic situation of the offender should be taken into account in the judge’s discretion;in addition,detailed provisions on the application of the confiscation of part of the property and the fine penalty at the same time,in the event of conflict.On the other hand,the following countermeasures should be taken in terms of judicial application: First,on the basis of maintaining the stability of legislation,give play to the advantages of judicial interpretation,and add relevant judicial interpretations on the application of the unlimited fine system for the allocation of each crime;judges attach importance to explaining the reasons for the judgment of the amount of fines and sentences in the judgment,so as to avoid the misunderstanding and resistance of the person subject to enforcement as much as possible,so as to effectively improve their enforcement rate.