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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。
The criminal law theorists have different attitudes towards the system of fine criminal punishment, but the legislation of many countries have introduced the system. Our country did not establish this system, but in recent years, some judicial practices of fine have emerged. Under the current legal framework, these practices violate the statutory principle of crimes and punishments, apply the principle of equality for all persons in criminal law, violate the state property rights, confuse the way of assuming responsibility, impede the exertion of punishment function, and violate the principle of criminal responsibility and egoism. Before the criminal law establishes the system, Organizations should not be fined fine punishment easily.