论中国罚金刑的改革与完善——以探寻罚金刑执行难之解决方案为视角

The Reform and Perfect of Chinese Fine——Taking the Visual Angle of the Explanation Scheme Seeking Fine Executing Difficulty

随着刑罚逐渐趋于轻刑化和人道化,罚金刑在世界各国刑罚体系中的地位越来越重要,实践中罚金刑的适用率也越来越高。但罚金刑执行难的问题却一直困扰着世界各国,我国也不例外。在我国,造成罚金刑执行难的原因主要在于罚金刑裁量原则的不科学,罚金刑执行保障制度、罚金缓刑制度以及罚金易科制度的缺位等。有必要改革与完善我国罚金刑及其相关制度,以从根本上解决罚金执行难的问题。

With penalty go gradually light punishment and humanism, the status of fine is more and more important in penalty system of world, in practice, the application rate of fine is more and more high. However, the problem of executing difficulty is still very serious in China and whole world. In our country, The main reasons are that the principle of discretion is not science, the systems of executing ensurement and fine probation are imperfect. It is necessary that reform and perfect Chinese fine and relativing systems, in order to resolve the problem of fine executing difficulty.