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罚金刑的配置模式是对具体罪行配置罚金刑时所采取的立法模式。采用不同的罚金刑配置模式反映了立法者的价值取向,并将在客观上影响罚金刑的实际适用率。纵观各国刑法典,当今罚金刑的主要配置模式有四种,即单科罚金式、选科罚金式、并科罚金式和复合罚金式。就我国的罚金刑配置模式而言,单科罚金式在我国没有现实的立法基础,不必引入和采用;复合罚金式使法官的自由裁量权过大,因此,只能对一些情况比较复杂、轻重程度差异较大的罪行采用,且在整个刑法典中不宜过多采用;选科罚金式则应成为我国罚金刑配置的主要模式,并且应借鉴国外的立法经验,将罚金刑置于所有选科刑种的前面;应增加必并科的罚金刑配置,唯有如此才能既发挥各刑种的综合效应,改变我国过分倚重自由刑的立法现状,降低自由刑的上限配置。
The disposition model of fine punishment is the legislative mode adopted when disposing fine penalty for specific crime. The use of different modes of fine penalties reflects the value orientation of legislators and will objectively affect the actual rate of application of fine penalties. Throughout the criminal codes of various countries, there are four main modes of fining penalties today, namely, fines for single subjects, fines for selected subjects, and fines and compound penalties. As far as the pattern of the distribution of fine penalties in our country is concerned, there is no realistic legislative basis for our country to introduce and adopt the law. The compound penalties make the judges’ discretion too large. Therefore, we can only make some cases more complex and serious The degree of difference between the larger crimes, and should not be excessive in the entire criminal code; election penalty formula should be the main pattern of the distribution of fine penalties in our country, and should learn from the experience of foreign legislation, criminal penalties in all selected subjects In the front of the criminal law, the allocation of the fine and penalty of the law must be increased. Only in this way can we not only bring into play the comprehensive effects of the criminal law, but also change the status quo of legislation in our country which relies too much on the freedom of punishment and reduce the upper limit of freedom of punishment.