罚金刑易科制度的正当性和可行性

Legitimation and Feasibility of Criminal Fine Exchanged Penalty System

执行难是罚金刑适用上的最大障碍。借鉴国外成功经验引进罚金刑易科制度,是解决罚金刑执行难问题的有效途径。罚金刑易科制度的实质是寻求罚金刑执行的替代或者变通措施,以求刑罚目的的有效实现。在我国,罚金刑易科自由刑是比较可行的方式。

The implementation of criminal fine is difficult and it brings on the absence and nonperformance of adjudication and abusing of enforcement. The enlightenments of foreign successful experiences tell us that, it is necessary to introduce criminal fine exchanged penalty system. The existence of criminal fine exchanged penalty system is rational and feasible. In fact, it is a kind of substituting measure in order to solve the difficult problem s in carrying out fine. Making a comprehensive survey in various countries, there are many approaches to the criminal fine exchanged penalty system. In China, it is better to adopt punishment against freedom.