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On the Execution of Fine Penalty in China

Author: LiZhenZuo
Tutor: WangPing
School: China University of Political Science
Course: Criminal Law
Keywords: Criminal fine execution Fine Program Measure Supervise
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract


Fine punishment as a sentence Mitigation scientific an important symbol, more and more attention has been paid, the the widely applicable criminal fine is one of the trends of modern society penalties, compared to free sentence, especially short-term free sentence fine punishment has its unique advantages. The judiciary sentenced defendant criminal fine, the situation is not the perpetrator consciously paid more, which have a national authority necessary to perform criminal fine. However, the low rate of implementation of the fine punishment is a major problem in the national judicial practice. Our country is also faced with the reality of the difficult situation of the criminal fine execution. The reason for the difficulty in enforcement of the fine punishment is, on the one hand is the reason of the people's courts and the fine, on the other hand is a Pecuniary Penalty execution procedures, measures and supervision system set. This paper is divided into six chapters, and the criminal fine to perform basic theory, the status of implementation of fine of China, summed up the problem, analyze and reasonable countermeasures. The first chapter is the Executive Summary of the fine punishment. Consists of two parts. First study the concept and characteristics of the fine punishment, analysis of the advantages and disadvantages of the fine punishment, that expand the applicable fine punishment is the inevitable trend of development of the world's penalty. Lay the necessity and usefulness of the study is below study criminal fine execution. Elaborated the concept and characteristics of fine of China perform combing the basic theory and practical problems for the analysis below provides theoretical basis for support were reviewed, and perform difficult current situation of China 's Fine. The second chapter is the first chapter establishes the necessity and the basic theory of the fine punishment execution explore practical implementation of the the fine punishment should adhere to the principles of the criminal fine execution of this paper, the basic principle is to enforce the basic principles of civil penalty enforcement The basic principle of comprehensive, this chapter based on the implementation of the concept and characteristics of the criminal fine, the implementation of the principle of legality of criminal fine to enforce the principle of complementarity, the implementation of the principles of humanity, and the implementation of the principle of individual four cardinal principles. Third to VI, is the focus of this article. Payment of our judicial practice penalty of fine punishment execution procedures and measures and the implementation of the People's Court, Procuratorate supervision rights of use in four areas for the study of the starting point, respectively propose the problems, analyze the reasons, based on our basic actual national conditions, combined with foreign judicial experience, insights and corresponding countermeasures. The full text of the author intended to emphasize the fine of China perform difficult issues has been very prominent, corresponding by China's thousands of years the traditional concept of the rule of law tion 'of the criminal fine execution has been overlooked, weak policies and regulations based on legislative, judicial practice confusion in the program, in different ways, therefore, whether it is in order to keep up with the the International Penal Mitigation trend, or the urgent need to solve the problems facing the sake of our judicial, we all have the need to increase the emphasis on criminal fine execution, in-depth research.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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