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由于受立法环境的影响,我国罚金制度在一些方面仍存在不尽人意之处,给司法操作带来难题。在军事审判中,义务兵适用罚金出现了微妙局面。义务兵为国家提供无偿服务,无独立经济来源,依法适用罚金,难以真正执行。同时,又对其无法适用罚金减、免规则。但不适用罚金,又有悖于罪刑法定的刑罚原则。义务兵身份的特殊性,造成司法实践适用罚金标准不一,引起适用刑罚的不平等,加重义务兵家庭的经济负担,带来裁量中的虚判。针对这一问题,建议建立罚金刑易科军事自由刑制度,完善军事刑罚方式,规范义务兵适用罚金数额
Due to the influence of the legislative environment, the penalty system in our country still has unsatisfactory aspects in some aspects, which brings challenges to judicial operation. In the military trial, there was a subtle situation in the application of fines by compulsory soldiers. Compulsory service to provide unpaid state services, there is no independent source of income, apply fines in accordance with the law, it is difficult to really implement. At the same time, they can not apply penalties minus, free of rules. But does not apply fines, but also contrary to the principle of punishment of crimes. The particularity of the consular status, resulting in different standards of fines for judicial practice, inequalities of applicable penalties, increasing the economic burden on the families of the compulsory service and bringing about the verdict in discretion. In response to this problem, it is suggested to establish a system of military freedom of punishment for easy punishment of criminal suspects, to improve the way of military penalties and to regulate the amount of fine imposed by the compulsory service