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本文首先从财产刑和公平、平等之间的关系引出对罚金刑与公平、平等之间的关系,以及罚金在西方国家兴起的原因,进而引起对罚金刑利弊的探讨,在综合了几位代表学者的关于罚金刑利弊的观点之后,排除存在欠妥之处以及存在重复或者和其他刑罚缺点的交叉之处,简洁地归纳出了罚金刑存在的主要利弊,进而对罚金刑的本质有了更深一步地认识。
This article first from the relationship between property punishment and fairness, equality leads to the relationship between fine and fairness and equality, and the reasons for the rise of fine in western countries, which in turn leads to the discussion on the pros and cons of fine and penalty, Scholars’ views on the pros and cons of fine and fine, excluding the existence of defects and the existence of overlapping or other shortcomings of the penalties of the cross, concisely summarizes the main advantages and disadvantages of the fine, and thus the essence of the fine has been deeper Step by step understanding.