Phenomenon and Reflection of Excessive Lightness of Discretion of Fine in China
Fine punishment is one of the important criminal sanctions in China,but the discretion of fine punishment in current criminal judgments is abnormally light.This phenomenon violates the principle of proportionality of crime and punishment,affects the realization of the purpose of punishment,and damages judicial credibility.The lightness of fines and punishments stems from a variety of reasons,including a low upper limit of punishment,a wide range of discretion,unclear standards,limited supply of similar cases,and difficulties in enforcement.In order to solve this problem,we should adjust the upper limit of fine penalties,be cautious about the expansion of the unlimited fine system,refer to the multiplier fine system method,issue guidance on similar cases,evaluate the defendant's ability to pay,and improve the enforcement rate to achieve scientific discretion.
fine penaltydetermine punishmentability to paydouble ratio penalty systemcompletion rate
NETL
NSTL
万方数据
