“预交罚金”的法律定性研究

“预交罚金”是被告人及其亲属为了使被告人得到宽大处理，在对被告人的刑罚有了一个比较客观的估计之后，于法院作出判决前先向法院预交一定数额的金钱作为将来判决时的罚金。“预交罚金”在本质上是保证金和法定抵消两个制度的结合体。基于私法与公法上的将来之债和公法之债理论，可以合理地定位“预交罚金”的法律性质：担保将来公法之债——罚金的保证金。

Research on the Legal Characterization of "Advance Payment of Fine"

＂Advance Payment of Fine＂is the amount of money that is paid by the accused and their relatives so as to get a lenient treatment to the defendant after they have an objective estimate in the prospective penalty of the defendant. The money is usually submitted before the judgment of the court has been made and it will be treated as fine for the later judgment.＂Advance Payment of Fine＂ is essentially a combination of the two systems of deposit in security and statutory. Based on theories of debt of future and debt of public law which are originated from private and public laws,the legal nature of ＂Advance Payment of Fine＂ can be reasonab 1 y positioned, which is actually the guarantee for the future debt in public law——the deposit of the future fine.