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罚金刑是各国刑法中普遍使用的刑罚制度。尤其随着短期自由刑弊端的日渐显露,罚金刑作为一种替代短期自由刑的刑种得到了越来越多的关注。然而,罚金刑在刑罚体系中的扩张虽是大势所趋,各国对它的具体规定却大有不同。与我国刑法中的规定相左,德国刑法典采纳了操作性较强的日额罚金制度,使得罚金刑能更好地发挥其替代短期自由刑的功能。国内著作中虽不乏日额罚金的阐述,但多泛泛而谈或仅整体性地介绍这一制度。因此,本文以德国刑法为蓝本,具体地介绍德国的罚金刑也即日额罚金制度,及该制度与其他刑种如自由刑的衔接问题,并与我国相关规定作对比。
Penalty penalty is commonly used in criminal law in all countries. Especially with the shortcoming of short-term freedom penalty becoming more and more exposed, fine penalty has drawn more and more attention as a kind of alternative punishment of short-term freedom punishment. However, although the expansion of fine penalty in the penalty system is the trend of the times, the specific provisions of each country are quite different. Contrary to the provisions in our criminal law, the German Penal Code adopts a more operative day penalty system, so that the fine penalty can better play its function as an alternative to short-term freedom punishment. Although there is no shortage of domestic fines in the daily elaboration, but more generally or only a holistic introduction of this system. Therefore, this article based on the German criminal law, specifically introduces the German fine, that is, the daily penalty system, and the convergence of this system with other criminal penalties such as freedom punishment, and compared with the relevant provisions of our country.