Along with all the countries in the world to do increasingly to be gentle, humanity, civilization and modern, many western countries gradually completed the by the freedom penalty to the penalty of freedom and industry changes in the middle of the penalty system in the middle of the penalty system. Get rid of the death penalty, or limit the improvement of freedom penalty and expansion has become the basic trend of penalty development of nations. In contrast, our country do set furnishings and equipment, long-term since is the penalty of freedom and life for middle and severe penalty doctrine strong and broad strokes criticized. In order to perfect our country too heavy penalties set equipment, furnishings and scholars known as having "advancing China's human rights cause in the growth process of a landmark the amendment of criminal law bill for amendment (eight), on charges of death penalty in the criminal law of the people's Republic of China stopped the big increase, but actual and practical circles called for years of fine penalty system reform is unable to enter the legislation of vision. Is the need to change the concept, research from multi angle deep open of the fine penalty configuration. The so-called fine punishment legislation setting equipment, furnishings, is refers to the national legislature in criminal justice of fine penalty and the penalty amount in the punishment to the crime of assigning and scheduling movement. Fine punishment legislation set furnishings and equipment can be scientific and reasonable not just resolution target and the effects of the fine penalty could eventually completed the conditions and basic, and is one of the main scales for weighing a country's penalty system can mature and perfect. So, through the process of legislation of superstition and justice to set a major criminal fine decoration equipment. At present, the research results about the international criminal fine for a long time, scholars have put forward many suggestions with perfect. But the focus of the research, Nianye sector is also important to focus on the surface of the rail construction of level, research on fine penalty of our country legislation setting equipment, furnishings and fundamental request of the deep-seated achievement also slightly improved. On the research results, most scholars have idea of fine penalty system should learn from developed countries to perfect our legislation. Vigorous legal country very easily by outdated country "receive", which from the point of view of the advanced sex seems to be perfectly justified. However any judicial system in structure and growth process, must need and local political, economic, cultural and other phase combined transplantation past judicial rail system will be local and situation, eventually forming a difference. Justice in the final analysis is a part of civilization, a country's penal system and the country's politics, economy, history and culture is a close, adjacent civilization with landscape and historical traditions is often country judicial cooperation each other internally generated the basic. China and Han is the capital of the western traditional culture as the background of the Asian countries, all belong to the circle of East Asian civilization, although the social system between the two countries are different style, but the process of modernization of law is compared with neighboring shape. Two countries whether in traditional civilization still in the judicial tradition, there are many similar places. South Korea is a large number of practical fine penalty is one of the countries, the penalty of fine position, utility scale, practical methods practical fact, recognized and performance has many strengths, the absolute China comparatively perfect, is to study South Korea fine punishment legislation successes, about our future fine penal reform undoubtedly has important practical significance. In view of this, this article in the existing theoretical research results basically, application of historical research, empirical research and comparative research methods, from the concept of fine penalty definition and development history of hands-on, visits the penalty set furnishings and equipment on the basis of the theory, and the penalty in China set furnishings and equipment present situation and legislative missing, united Korea fine punishment legislation experience proposed with the perfect proposal. The full text is divided into four chapters. The basic contents of the following: the first chapter is the legislation of penalty configuration of. First of all, through the process of defining of fine punishment and fine punishment legislation and other equipment related concepts, understand this research field. This paper studies the fine punishment legislation setting equipment, furnishings, is refers to the national legislature in criminal justice of fine penalty and the fine amount in the punishment to the crime of assigning and scheduling movement. Secondly, through the research of the process of the penalty development history, the penalty of fine varieties and efficacy and fine penalty interest, visit penalty set furnishings and equipment on the basis of the theory and value orientation. On this basis, proposed penalty set the equipment, furnishings should abide by the principle of legislation. The above results illustrate this research thinking form and practical basic point. The second chapter is the analysis of the current situation of our country's penalty configuration and its legislation. This chapter of the premise of the theory as a fulcrum, in deep research in our country legislation of penalty set furnishings and equipment situation basically, open legislation of penalty in China position, utility scale, practical method and amount of delineation methods analysis. This article believed that the fine penalty of our country in the legislative position, utility scale, practical method and amount of delineation methods exist many achievements important due to the severe penalty doctrine tradition and legislative value orientation exist error. Because of the long traditional doctrine of severe punishment, "supervision is China traditional penalty concept may be beheaded, if sent to Prison Criminals not, people think its not punished punishment", is based on the criminal law of our country has taken severe penalty structure, is said to the death penalty and raised detention punishment as the dominant the main content set in, as long as the free punishment and life penalty, namely bundle, detention, imprisonment, life imprisonment and death penalty, and a penalty to speak, on one hand because the average effectiveness of legislators as penalty on the other hand because of the lack of knowledge, the utility will light the light punishment longitudinal crime incurred is difficult to grasp the crime many doubts, made in China released two of the criminal law, the penalty is always additional punishment position. Reaction to the detailed legislation setting equipment, furnishings, whether it is fine punishment utility scale still the practical method and amount of demarcating method of are a must level of one-sided sex, showing the fine penalty in our country is more as a means to help free punishment punishment intensity and deprived the efficacy of growth exists, and pecuniary penalty as short time free punishment of replacement punishment to complete the penalty light slow world penalty development trend does not match. The third chapter is the legislative perfection of our fine penalty configuration. In of fine penalty set equipment, furnishings fundamental theory research and the existence of our current legislation of penalty many achievements to be reflective of basically, this chapter shelter on the reality of our country, combined with foreign advanced legislation experience put forward our country fine punishment legislation setting equipment, furnishings perfect countermeasures. With include: establishing accurate fine punishment legislation value orientation; the rise of fine penalty for punishment; further expansion of fine penalty utility scale; set up to choose science, and supplemented by the fine punishment practical form; abandon the infinite amount of fine penalty, limit penalty, penalty penalty only the amount designated method. The fourth chapter is the inspiration of penalty system in our country and its current "criminal law". "Reference information, jade". Two adjacent cultural background and history of traditional public law can be created to become the two basic. South Korea is a large number of practical fine penalty is one of the countries, the criminal law in South Korea on fine penalty legislation, highlights its own characteristics and adapt to the punishment mitigation of criminal law in the world development trend, with certain scientific and advanced sex. Is to study South Korea legislation of penalty success experience, undoubtedly has important practical significance on the transformation of China's fine future. 目录: |
