审判实践中罚金刑的适用

现行刑法扩大了罚金刑的适用范围,加大了罚金刑的适用力度,这是刑罚轻缓化和经济刑罚观的刑罚趋势.但实践中存在的问题使罚金刑的适用和收缴陷入了困境,罚金刑空判现象十分严重.文中从罚金刑适用与面临困境出发,谈关于罚金刑陷入困境的原因及摆脱困境的对策,同时也是我们追求刑罚轻型化理念的思路.

Application of Finable Penalty to Trial Practice

The current criminal law widens the applicable range of fir, able penalty and strengthens its power of application, and it is a trend to lighten and economize the penalty. However,problems existing in practice make it difficult to apply and collect penalty, and that leads to a lot of void trials. Starting from the application of the finable penalty and present difficultyies, the paper discusses the reason for the difficulty faced by finable penalty and countermeasures to get out. Those are also the train of thoughts of ideal lightening penalty.