論罰金刑的執(zhí)行.pdf

1、 學校代碼：10270 分類號： 學號：142502118 碩士專業(yè)學位論文 論罰金刑的執(zhí)行 專業(yè)學位類別： 法律碩士（法學） 專業(yè)領(lǐng)域： 論罰金刑的執(zhí)行 作者姓名： 喬云 指導(dǎo)教師： 程蘭蘭 答辯日期： 2016 年

2、 6 月 1 日 Abstract Shanghai Normal University Master of Law Abstract As punishment from heavy to light punishment of socialism thought, in the direction of development, the fine p

3、unishment in the status of the punishments for rising unceasingly, in today's punishment system occupies a more and more important position, its scope of application and applicable object unprecedented expansion. Pun

4、ishment is at the heart of its implementation, the application of the fine punishment rate while increasing, but the fine punishment, the difficulty of execution also affects the judicial practice. This article from the

5、basic theory of fine punishment and fine punishment execution start to investigate the causes of fine punishment enforcement difficulty, and how to deal with the difficult situation of execution. The fine punishment in j

6、udicial practice at present perform difficult problem is very outstanding, objectively, which results in the proceedings of fine punishment applicable scope is also shrinking. Some court to avoid difficulties in executio

7、n, in the judicial practice often take various measures, such as convicted before accepting the fines, and disadvantages, even against legislative intent. Fine punishment legislation and judicial practice of the above pr

8、oblems, developed with the theory of fine punishment execution, the fine punishment execution problems such as inadequate recognition are closely related. Therefore, enforcing the fine punishment theory research, the est

9、ablishment of unified actuators and executing system, perfect the fine punishment enforcement procedure specification, increase the fine punishment enforcement, improve the actual effect of fine punishment execution, bec

10、ome a penalty function for fine punishment, punishment to promote the process of the top priority. Fine punishment enforcement practice, also hard to avoid can damage the legitimate rights and interests is performed and

11、an outsider. Because the execution behavior caused by the illegal or improper execution flaws is impossible to eliminate absolute, try to avoid or reduce defects in the execution behavior and avoid infringes upon the law

12、ful rights of the person subjected to execution or an outsider, but to be executed and damage because of the illegal or improper execution behavior of the interested party to provide relief measures and remedy procedures