罚金刑贷款制度研究

Study on the System of Fine Loans

罚金刑是刑法规定的附加刑,是指向犯罪人确定的不可代替的刑罚。但在罚金刑执行过程中却普遍出现了罚金代缴问题,此现象有违刑罚一身专属性,不利于预防犯罪。因此,应当建立罚金贷款制度,由司法机关和银行向犯罪人提供贷款以缴纳罚金,以此与其他相应制度形成协调的罚金刑执行制度,杜绝罚金代缴现象,解决罚金执行难问题。

Fine is an additional penalty stipulated in the criminal law. It is a definite and irreplaceable penalty to the offender. However, in the course of execution of fines, there is a common problem of fines and payment. This phenomenon violates the specificity of punishment and is not conducive to crime prevention. Therefore, a fine loan system should be established, and the judicial organs and banks should provide the offenders with loans to pay fines to form a coordinated penalty execution system with other corresponding systems, to eliminate the phenomenon of fines and payment, and to solve the problem of enforcement of fines.