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减刑制度可谓目的刑论的产物。罚金刑的减免体现了刑法的人道主义精神,减轻已经身受重大灾难的服刑罪犯之经济负担,有利于感化、改造服刑罪犯。我国《刑法》第53条规定:如果由于遭遇不能抗拒的灾祸缴纳(罚金)确实有困难的,可以酌情减少或者免除。我国《刑事诉讼法》第219条同时规定:如果由于遭遇不能抗拒的灾祸缴纳确实有困难的,可以裁定减少或者免除。但我国法律对“不能抗拒的灾祸”的具体内涵、减免程序的启动以及减
Commutation system can be described as the product of the purpose of punishment. The reduction and exemption of fine punishment embodies the humanitarian spirit of the criminal law and alleviates the financial burden of criminals who have already suffered major catastrophe, which is conducive to probing and reforming prisoners serving sentences. Article 53 of China’s Criminal Law stipulates that if there is indeed any difficulty in paying the disaster due to an irresistible event, the penalty may be reduced or eliminated as appropriate. Article 219 of the Criminal Procedure Law of our country also stipulates that if there really is any difficulty in paying the insurmountable disaster, we may adjudicate a reduction or exemption. However, the concrete connotation of the “irresistible calamity” in our country’s laws, the initiation and reduction of the relief procedure