论我国司法实践中的罚金刑易科

On Options to Criminal Penalty in Judicial Practice

刑法理论界对罚金刑易科制度态度不一,但许多国家的立法都引入了该制度。我国并未建立该制度,但是近年来的司法实践中已经出现了一些罚金刑易科的做法。在现行法律框架下采取这些做法违反罪刑法定、适用刑法人人平等原则,而且侵犯国家财产权、混淆责任承担方式、阻碍刑罚功能的发挥,还有可能违反罪责自负原则,在刑法建立该制度前司法机关不应擅自进行罚金刑易科。

There are different attitudes against criminal fine exchanged penalty system among theory circle of criminal law.Many countries have introduced this system in legislation.Although China has not set up,in recent years,there have been some cases of criminal fine exchanged penalty in judicial practice.Taken these practices under the existing legal framework they not only violate the principle of crimes and punishments stipulated by law and the principles of equality before the law,but also violate property rights of the state,confuse the methods of bearing liability and hinder the function of penalty.The judicial organs should not be allowed to put criminal fine exchanged penalty into practice before the system established in our criminal law.