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Research about the Number of Fine

Author: DengHuiJuan
Tutor: ZhouChangJun
School: Shandong University
Course: Criminal Law
Keywords: Volume of fine Volume of fine legislative principles Criminal fine amounts legislation Mode Volume of fine judicial discretion
CLC: D924.1
Type: Master's thesis
Year: 2008
Downloads: 135
Quote: 1
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Abstract


Mitigation of penalty has become a sign of the progress of human civilization, occupy an increasingly important position the fine punishment in the penal system. The amount of the fine penalty is a fine penalty of life, this article will be five major volume of fine system. The first part of the some of the basic problems of the volume of fine overview, including legislative change in the volume of fine meaning, significance, and our criminal fine amount. The study volume of fine scientific and standardized conducive to fine penalty legislation; conducive to criminal fine judicial use of uniformity and operability. The second part discusses the volume of fine legislative principles, including the principle of clarity of the volume of fine volume of fine principle of proportionality, the principle of a ratio relationship and Freedom Penalty adapt to the level of economic development principles, the principle of relative equality. The third part discusses the legislation of volume of fine mode, and various legislative mode s. Different countries, in different periods under the legislation of volume of fine mode of the same: unlimited fine system, cap-and-fine system, with reference to the fine system, fine system of day-fines system and the lowest labor or monthly salary. Legislation should avoid weaknesses, integrated use of various modes, in order to achieve the value of the criminal fine. The fourth part discusses the defect and improvement of China's volume of fine legislation. Is not clear in the legislative principle the ratio of the amount of the fine and Freedom Penalty period relations principles; legislative mode, there are many aspects that are inconsistent with the principle of legislation, such as the extensive use of an unlimited fine system; the limit penalty system the amount of the fine is too high, too large span; see The fine system times the ratio set unscientific, the lack of a reference standard theoretical system. The perfect article put forward a four-point proposal: To determine of Fine Penalty and Freedom punishment proportional relationship; minimize the provisions of the cap-and-fine system, expand the the limit penalty system applicable; improved reference to the fine system and limits fine system; introduction of day-fines system . The last part discusses the principles and operation of the volume of fine of judicial discretion. Discretion of the amount of the fine penalty should be based on the circumstances of the crime and the offender economic conditions integrated to determine the amount of the fine. In specific volume of fine discretion analysis the fine system case of the selection of subjects, the discretion of the specific amount of the fine penalty in the case of a fine of not or will and a fine system, as well as the amount of the fine under the recidivism discretion.

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