浅议罚金刑的法律适用问题

A Brief Discussion of the Legal Application of Fine Penalty

罚金刑作为一种古老的刑法方法,自我国第一部刑法即1979年颁布的《中华人民共和国刑法》以来,经历了四十余年的发展,罚金刑始终是一个特殊的刑罚种类,作为我国刑罚体系中使用率最高的附加刑,罚金刑必然有着其存在的价值。但是现在在适用中却存在着种种问题,导致无法充分发挥其应有的作用,就此看来,必须针对这些问题做出一定改变,应从完善立法、公正司法、严格执法方面加以改进。

Fine penalty as an ancient criminal law method, from the first in China criminal law promulgated in 1979 of the criminal law of the People’s Republic of China, has experienced more than 40 years of development, the fine penalty is always a special kinds of punishment, as the highest utilization rate of the supplementary punishment of penalty system in our country, fine penalty inevitably has its existence value. But now there are various problems in the application, leading to the failure to give full play to its due role, in this view, we must make some changes in view of these problems, should improve the legislation, justice, strict law enforcement aspects.