中國 罰金刑制度의 改善方案에 관한 硏究

Abstract

The monetary penalty, as one of the public penalties against crimes, will be imposed primarily on those criminal negligences or misdemeanors who may not be punished by imprisonment. In view of criminal policies, the monetary penalty is deemed effective in that the problems arising from short term imprisonment would be solved with less labor and facility operation costs for prisons. Thus, various ways are being explored to correct and educate the criminals instead of imprisoning them and thereby, help them return to the society. With such basic conception in mind, this study was aimed at reviewing the problems and conditions of the current monetary penalty system and thereupon, suggesting some reform measures to improve the system. The results of this study can be summarized as follows; The first chapter introduces the purpose, scope and methods of the study by emphasizing that the monetary penalty system cannot be everything replacing the imprisonment but that it is being relied on more and more. Then the first chapter discusses that the monetary penalty system needs to be reformed due to its problems. The second chapter describes monetary penalty system may have also been facilitated by the perception that imprisonment of those misdemeanor or negligent criminals would backfire more seriously for the society. And compare China with Korea monetary penalty system. The third chapter discusses the conditions and problems of monetary penalty system in China. First of all, the contents and potential problems of our current monetary penalty system are examined and then, the current provisions of Criminal Code regarding the monetary penalties are specified as option for imprisonment, but many crimes are not subject to monetary penalty. On the other hand, since China Criminal Code specifies the upper limit of monetary penalty only, judge cannot but impose the monetary penalty within these limits, not taking into consideration defenders' financial capacity . The result may be inequality of punishing effects between have and have not, which means that the principle of equal punishing effects cannot be maintained with the China current monetary penalty system. The fourth chapter, discusses the possible reform measures of China monetary penalty system. Above all, this chapter suggests the reform measures such as expansion of monetary penalty system, introduction of daily collections for poor criminals, improvement of optional penal servitude, introduction of penal social service system, suspension of collection, extended or installment payment of penalty, reinforcement of legal entity punishment, diversion of some penalties into fines, and other measures improving the collection of penalties. In particular, this chapter, analyzes the operation of monetary penalty system including collection of penalty and thereby, suggests the ways to imporve the collection procedures and management. Furthermore, introduction of delay interest and prepayment of monetary penalty is discussed. The last chapter concludes the study by emphasizing the need to reform the monetary penalty system in China and summing up the reform measures.