罚金刑的裁量依据

The Discretionary Foundation of Monetary Penalty

罚金刑的裁量依据必须以刑法三大基本原则为基础,坚持以犯罪情形为依据,参酌犯罪人的经济状况进行量刑违背了刑法的基本原则。罚金刑执行困难的问题不可超越阶段由裁量来解决,只能通过完善执行制度予以解决。

The discretionary foundation of monetary penalty must take the base as the three great basic principles,take the grounds as criminal sitnation. The measurement of penalty,which deliberates the economic condition of suspect, violates the basic principle of criminal law. The difficult problem of monetary penalty cann＂ t be soved by the discretionary foundation, only can be solved by carrying out the system.