Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law

Fine on from the Implementation of Improved Systems Fine

Author HuangYu
Tutor ChengKai
School Sichuan University
Course Legal
Keywords Criminal fine Only sentence is not executed Sentence rather than pay First pay after sentencing Implicate the implementation of Property Survey Community Service
CLC D924
Type Master's thesis
Year 2006
Downloads 130
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The fine punishment, one kind of property punishment and the non-imprisonment punishment, origin from primitive society’s compensation system, the history are glorious, well-established, but in "punishes severely punishes, the light prevention" under the severe sentence principle influence, in very long period of time legislator and judicature desolation. But along with the criminal humanity school of thought birth and the civil rights movement vigorous development, the penalty thought transforms for "the penalty and the prevention pays equal attention to", the non-imprisonment punishment research emerges, the penalty is day by day leisurely, the fine punishment obtains the legislator and the judicature favor gradually, the applicable scope and is suitable the object unprecedented expansion, has the substitution free punishment to become the penalty system center greatly the tendency. The our country 97 criminal law in 79 criminal law foundations, expanded the fine punishment applicable scope, consummated the fine punishment to carry out the system. But since 97 criminal law have executed for 8 years, in the judicial practice, after always exists only sentences does not carry out, sentences does not give, pays first judged, implicates the execution and so on to carry out the question, harms the criminal law dignity seriously, enormously reduced the court male letter strength. How further does the perfect fine punishment, different people have different views, different people has different views. The author has acted according to for many years the judicature experience, with carries out the power from the fine punishment ruling power not to establish separately, the fine punishment suitable principle not objectively with is suitable the way science, the fine punishment in advance does not safeguard the mechanism not perfect, the fine punishment carries out the system imperfect and so on in the legislation insufficiencies as well as the fine punishment execution institution people’s court takes the fine punishment execution insufficient, to the fine punishment execution economic efficiency and the department economic interest considered excessively many and so on in the executions the strength does not begin, carries on the analysis, the search fine punishment item by item carries out the question existence reason, And proposed the improvement plan: First, is suitable the fine punishment the principle revision is "criminal offender’s crime plot and the financial circumstance" the double standard, adapts with it, should revise the fine punishment suitable way for by and makes primarily; Second, the construction and the consummation fine punishment safeguards the mechanism in advance; Third, the addition community service accessory punishment, with solves the fine punishment objective payment not to be able the question.The concrete plan is: First step: Judge when discretion of punishment, according to the crime person’s crime plot and the financial circumstance, the choice is suitable the fine punishment either the community service or the fine punishment and the community service. To does not have the fine payment ability completely, condemns the community service; To has the part of fine payment ability, condemns the fine punishment and the community service, namely to the partial fine easy place community service which cannot pay; To has the fine ability payment, condemns the fine. Second step: According to criminal offender’s status and the special skill, the determination criminal offender is engaged in some kind of community service, again acts according to this profession the daily average wages, converts the service hour according to certain isometric which cannot or the part payment cannot the fine amount correspond with the payment; Fourth, the consummation fine punishment carries out the system and the inspector general system; Fifth, reform fine punishment execution institution the financial policy, ceases the department benefit actuation.

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