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晚近以来,罚金刑执行难问题得到了刑事法学界的充分关注。为解决这一问题,借鉴域外罚金易科制度的主张蔚然成风。然而,当下的多数讨论对于域外罚金易科制度的背景缺乏深入了解,在制度定位方面存在偏差。本文将对罚金易科制度正本清源,明确其首要价值并非解决执行难问题,而是旨在纠正单处罚金刑情形下的罚金空判。此外,我国关于罚金易科制度的讨论存在明显的语境错位:通过对我国的罚金立法分析发现,我国罚金刑适用充满重刑主义色彩,执行困境与立法大量规定并处罚金有关。因此,本文结合我国罚金执行的相关立法与刑事执行的目的,重新理解罚金易科制度在当前语境之下的必要性,并得出结论:罚金易科制度作为刑罚轻缓化背景之下的补充措施,唯有在刑罚轻缓化的土壤里方能结出丰硕的果实。
Since lately, the implementation of the fine penalty has been the full attention of criminal jurisprudence. In order to solve this problem, it has become common practice to learn from the principle of easy fines system. However, the majority of current discussions lacks a thorough understanding of the background of the ETS system and there are deviations in the institutional orientation. This essay will clarify the originality of the e-payment system and clarify that its primary value is not a solution to the difficult implementation issue. It is intended to correct the penalty of a single fine. In addition, there is a clear contextual misunderstanding about the discussion on the system of fine payment in our country. Through the analysis of our country’s fine, we find that the application of the fine is full of heavy penalties and the implementation of the dilemma is related to a large number of legislative provisions and fines. Therefore, in light of the relative legislation and the implementation of criminal enforcement in our country, this paper re-understand the necessity of the system of fine and liable under the current context and conclude that the system of fine and liable as punishment under the background of light punishment Supplementary measures will only yield fruitful results in the lightly penalized soil.