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罚金刑作为我国刑法中的附加刑,其立法模式的选择,决定了刑事司法对罚金刑适用方式的选择,并最终影响罚金刑的刑罚效果。我国对于罚金刑采取以并科为主,选科为辅的立法模式,现行刑法中未规定罚金刑的易科制度。目前,在刑事司法实务中罚金刑的适用出现了高适用率与低执行率的特点,罚金刑执行难成为司法常态,这使得罚金刑的实际效力大大降低。应该从完善罚金刑数额规定、完善罚金刑执行制度以及明确罚金刑执行机构三个方面来探寻解决罚金刑执行难问题的路径,以期更好地发挥刑罚的作用。
As a supplementary penalty in our country’s criminal law, the choice of the legislative mode determines the choice of the mode of criminal justice for the application of the fine, and ultimately affects the penalty effect of the fine. In our country, the legal model of taking fine subjects as the main part of the fine and the supplementary part of the selected subjects is adopted, and the system of easy subjects which is not provided for the fine penalty in the existing criminal law. At present, the application of fine punishment in criminal justice practice has the characteristics of high applicability and low execution rate. It is hard to become a judicial normal to implement fine punishment, which makes the actual effectiveness of fine punishment reduced greatly. It is necessary to explore ways to solve the difficult issue of fine punishment from the aspects of improving the provisions of the fine, improving the system of implementing fine and implementing the institution of fine and fine, so as to better exert the penalty.