20世纪罚金刑的兴盛机理与制度化发展趋势

20世纪以来,随着商品经济日益发达,刑法理念和财产刑发生了巨大的变化,以报复与威慑为特征的古代刑罚因其残酷与野蛮的特质已为现代社会所抛弃,刑罚的轻缓化改革和罚金刑地位的逐步提升成为刑罚历史发展的必然路径.回顾20世纪其理念与制度的变革轨迹,探寻其发展趋势,能够为我国罚金制度的建全与完善提供必要的理论启示.

The Prosperous Mechanism of Fine Punishment in the 20th Century and the Tendency of Institutional Development

With the development of the commodity economy,the idea of criminal law and the property punishment has gone through a huge change since the 20th century.The ancient criminal penalty characterized by retaliation and threat has been abandoned by the modern society because of its brutality and barbarism.The leisurely reform on penalty and the gradual promotion of the fine punishment status has become the inevitable way of the penalty historical development.Reviewing the transformation path of its idea and the system in the 20th century,and inquiring into its development tendency,can basically provide an theoretical enlightenment in perfecting our nation's fine system.