质疑未成年人罚金刑之适用

Questioning the Appropriateness of the Fine Punishment on the Minor

司法实践中,我国对未成年人犯罪适用罚金刑,这似乎与其普遍没有经济来源的状况相悖;理论上,对于未成年人犯罪是否适用罚金刑,如何适用罚金刑等问题,学者们也各执一词;我国现行刑法只对未成年人犯罪处罚规定采取从宽责任原则,司法解释中明确了对其罚金刑的适用,但仍矛盾累累。对未成年人犯罪处以罚金刑无论从保护未成年人的角度,还是从实现罚金刑自身目的之角度看都是不合适的。为此,现行法律应做出相应修改,以期解决实践中存在之问题。

In judicial practice, it seems to be contrary in our country that usually the minor have no economic source while they are sentenced to fine punishment. Theoretically, scholars are sticking to their own opinions about many problems such as whether it is suitable for the minor to undertake the fine punishment and how to use the fine punishment, etc. There has only been the principle of the lightening responsibility to minor's crime formulated in our present criminal law, and the application of fine punishment has been confirmed in our judicial explanation, but there still exist lots of contradictions.We think it is not suitable to apply fine punishment for minor's crime, studying the matter either from the view of protecting the minor or from the purpose of fine punishment. Therefore it is suggested that our current laws should be revised so as to solve the problems that exist in practice.