罚金刑易科制度探析

On Criminal Fine Exchanging Institution

罚金刑易科,是指在不能执行罚金刑时采取其他措施来替代执行罚金刑的制度。虽然这种制度目前还存在一些弊端,但是,由于刑罚具有确定性,而且,罚金刑与自由刑之间存在一定的替代关系,罚金刑易科作为一种替代措施,对解决罚金刑执行难问题是十分必要的。所以,应明确罚金刑易科的性质,确立科学的易科制度,同时也要建立和完善相关的配套措施,以尽量减少其弊端,充分发挥其应有效用。

Criminal fine exchanging institution is a vicarious system when criminal fine can not be carried out. Though there are some drawbacks, as a substituting measure, criminal fine exchanging institution is very essential to solve the difficult problem in carrying out fine. Because penalty has determinacy, and there is certain substituting relation between fine and punishment against freedom, in order to reduce its drawbacks and exploit its talents, we should define the nature of criminal fine exchanging institution, establish the scientific exchanging system, set up and improve the relative supplementary measure at the same time.