论罚金刑适用.pdf

Abstract The dramatic increase intheapplication ofpecuniary penalty inthe current criminal law in our country makes the criminal law’S transformation fi'omthepenal system inwhich punishment against 丘eedom isthe main punitive method in1979 tothe new system in whichpunishment against freedom laidequally with property-oriented properly applypecuniary penalty requires thatwe should ascertain the nature ofpecuniary theauthor’Sopinion,the nature ofpecuniary penalty isthat it is alighterpenalty todeprive the criminal ofsome part thedissection ofthe nature,the dissertation mainly demonstrates the problems ofthe application ofpecuniary penalty from threeaspects asfollows:The first problem istodecide whether toapplypecuniary penalty when the court imposes thepunishment on author suggests thatthe application oftheoptional—type pound-type pecuniary penalty should follow theprinciple ofindividualization ofpunishment,mainly use thesingle·-typepecuniary penalty,and thatprofit--seeking offence is themainobject oftheapplication ofpecuniary penalty,negligent crime should be imposed on pecuniary penalty,statutory offence ismore suitable forapplying thepecuniary penalty than natural second problem ishow toapply pecuniary author puts forwards theopinions thatcrime circumstances are thedecisive factors todetermine theamount ofpecuniary the court imposes thepecuniary penalty,it should take thecriminal’Seconomic condition into should be linked wim the imposition of punishment against freedom,and SO lesspecuniary penalty imposed leads to morepunishment against thecontrary,more pecuniary penalty leads tolesspurfishment against freedom。And the authormakes some inquiries intothefixationoftheamount ofunlimited fineand concurrent thirdproblem iS tOseekthe countermeasures to e thedifficulties inimplement ofpecuniary thedifficulties can’t