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随着人类社会法治文明的不断发展和人权意识的日益提高,轻刑化已成为世界上许多国家刑事立法的基本指导思想和刑事司法的理性选择[1]。与此相应,在刑罚结构上,随着短期自由刑弊端的日益显露,自由刑一统天下的局面正逐步被打破,许多国家(尤其是欧洲国家)都把扩大罚金刑的适用作为改革刑事制度的重要标志。本文拟通过对罚金刑易科的立法例、罚金刑易科在我国的适用价值等问题的研究,提出我国罚金刑易科制的设想,以促进我国罚金刑制度的完善和发展。
With the continuous development of the rule of law civilization in human society and the increasing awareness of human rights, the light punishment has become the basic guiding ideology of criminal legislation and the rational choice of criminal justice in many countries in the world [1]. Correspondingly, on the structure of punishment, with the shortcoming of short-term freedom penalty becoming more and more exposed, the situation of freedom and punishment being dominated by the world is gradually being broken down. Many countries (especially European countries) regard the application of the expansion of fine as a reform of the criminal system Important signs. This article intends to put forward the tentative plan of the system of fine criminal penalties in our country through the study of the legislative cases of fine criminal penalties and the application of fine criminal penalties in our country so as to promote the perfect and development of the fine criminal penalties in our country.