CN101872439A - Common criminal law sentencing method and system for hundred accusations - Google Patents
Common criminal law sentencing method and system for hundred accusations Download PDFInfo
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- CN101872439A CN101872439A CN201010102596A CN201010102596A CN101872439A CN 101872439 A CN101872439 A CN 101872439A CN 201010102596 A CN201010102596 A CN 201010102596A CN 201010102596 A CN201010102596 A CN 201010102596A CN 101872439 A CN101872439 A CN 101872439A
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Abstract
The embodiment of the invention discloses a common criminal law sentencing method and a common criminal law sentencing system for hundred accusations, which relate to the field of intelligent digitalization and aim to solve the problem of error in sentencing result due to difference in subjective factor. The sentencing system provided by the embodiment is based on the Criminal Law of the People's Republic of China. The technical scheme comprises the following steps: acquiring reference penalty and floating penalty corresponding to a crime according to the input crime, circumstances of the crime and pre-stored related sentencing data; obtaining quantitative reference penalty according to the reference penalty and the floating penalty; and outputting the result of sentencing according to the quantitative reference penalty. The technical scheme provided by the embodiment of the invention can be applied to the sentencing of the following kinds of punishments: fixed-term imprisonment, lift imprisonment, death penalty, detention, control of respective sentences, combination of sentences of the punishments and combination of sentences of two punishments.
Description
Technical field
The present invention relates to intelligent digitalized field, relate in particular to a kind of method and system of hundred kinds of charge criminal laws measurement of penalty commonly used.
Background technology
In people's court, the enforcement of discretion is for ensureing the just of case, and its concrete realization is the experience of life, law attainment and the experience of deciding a case by judge, the measurement of penalty result that case is made.
In realizing process of the present invention, the inventor finds, the form of existing discretion also can have the different experience of life, law attainment and the experience of deciding a case etc. owing to different judges and think factor, cause same or measurement of penalty result that similar case is made between have certain deviation.Even identical judge the emotional change of different times also can cause similar case in the measurement of penalty than large deviation.Therefore, how to avoid because the difference of subjective consciousness causes measurement of penalty result's error is urgent problem
Summary of the invention
Embodiments of the invention provide a kind of method and system of hundred kinds of charge criminal laws measurement of penalty commonly used, to solve the problem that causes measurement of penalty result's error owing to the difference of subjective consciousness.
For achieving the above object, embodiments of the invention adopt following technical scheme:
A kind of method of hundred kinds of charge criminal laws measurement of penalty commonly used is used for criminal law measurement of penalty system, comprising:
According to crime crime and punishment, circumstances of crime and the pre-related data of sentencing of preserving of input, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence; The described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, laws and regulations, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations; According to described benchmark punishment and described unsteady punishment, draw quantification with reference to punishment; Export measurement of penalty result according to described quantification with reference to punishment.
A kind of criminal law measurement of penalty system comprises:
Input block is used to import crime crime and circumstances of crime;
The pre-unit of preserving is used for preserving in advance the related data of sentencing, and the described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, statutory rules, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations
Acquiring unit is used for according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence;
Performance element is used for the benchmark punishment and the unsteady punishment of obtaining according to described acquiring unit, draws quantification with reference to punishment;
Output unit is used for according to described quantification with reference to punishment output measurement of penalty result.
The method and system of the criminal law measurement of penalty that the embodiment of the invention provides according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, finally draws measurement of penalty result.By measurement of penalty process complexity, abstract, use modern high-tech instrument to split the digitizing measurement of penalty process of dissolving to computer with the people.For contemporary judge, public procurator, lawyer solve current ubiquitous measurement of penalty deviation, the measurement of penalty is unbalance and " estimating the heap formula " measurement of penalty provides a cover science, intelligent aid, make the measurement of penalty have more the transparency, publicity, accuracy and sufficient rationality.
Description of drawings
The method flow diagram of the measurement of penalty that Fig. 1 provides for the embodiment of the invention;
The method flow diagram of the measurement of penalty that Fig. 2 provides for further embodiment of this invention;
The process flow diagram of step 202 in the method for the measurement of penalty that Fig. 3 provides for inventive embodiments shown in Figure 2;
The structural representation of the measurement of penalty system that Fig. 4 provides for the embodiment of the invention;
The pre-structural representation of preserving unit 302 in the measurement of penalty system that Fig. 5 provides for inventive embodiments shown in Figure 4;
The structural representation of performance element 304 in the measurement of penalty system that Fig. 6 provides for inventive embodiments shown in Figure 4.
Embodiment
Because the difference of subjective consciousness causes the problem of measurement of penalty result's error, the embodiment of the invention provides a kind of method and system of hundred kinds of charge criminal laws measurement of penalty commonly used in order to solve.
As shown in Figure 1, the method for the measurement of penalty that the embodiment of the invention provides comprises:
Step 101 is according to crime crime and punishment, circumstances of crime and the pre-related data of sentencing of preserving of input, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence;
In the present embodiment, the described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, laws and regulations, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations.
Step 102 according to described benchmark punishment and described unsteady punishment, draws quantification with reference to punishment;
Step 103 is exported measurement of penalty result according to described quantification with reference to punishment.
The method of the criminal law measurement of penalty that the embodiment of the invention provides according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, finally draws measurement of penalty result.By measurement of penalty process complexity, abstract, use modern high-tech instrument to split the digitizing measurement of penalty process of dissolving to computer with the people.For contemporary judge, public procurator, lawyer solve current ubiquitous measurement of penalty deviation, the measurement of penalty is unbalance and " estimating the heap formula " measurement of penalty provides a cover science, intelligent aid, make the measurement of penalty have more the transparency, publicity, accuracy and sufficient rationality.
In order to make those skilled in the art can more be expressly understood the technical scheme that the embodiment of the invention provides, below by specific embodiment, the method for the criminal law measurement of penalty that the embodiment of the invention is provided is elaborated.
As shown in Figure 2, the method for the criminal law measurement of penalty that another embodiment of the present invention provides comprises:
In the present embodiment, the described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, laws and regulations, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations; Described benchmark punishment comprises a guilty benchmark punishment and the punishment of general provisions benchmark; Described unsteady punishment comprises unsteady punishment of a crime and the unsteady punishment of general provisions.
In the present embodiment, described step 202 as shown in Figure 3, comprising:
Step 2021 by described benchmark punishment addition or subtract each other described unsteady punishment, draws virtual punishment;
Step 2022, the virtual punishment according to described at least one unit draws quantification with reference to punishment.
The cardinal rule of the measurement of penalty in the present embodiment comprises: (one) principle of suiting punishment to crime; (2) the principle of individualization of punishment; (3) the legal principle of punishment; (4) balance between crime and punishment principle; (5) Just and fair principle; The practical principle of (six) basing on fact; The principle of legality of (seven) taking the law as criterion; (8) the light and slow principle of the measurement of penalty; (9) forbid repeating to estimate principle.The described relevant transmission of data of sentencing has described basic principle of sentencing to make up.
The method of the criminal law measurement of penalty that the embodiment of the invention provides according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, finally draws measurement of penalty result.By measurement of penalty process complexity, abstract, use modern high-tech instrument to split the digitizing measurement of penalty process of dissolving to computer with the people.For contemporary judge, public procurator, lawyer solve current ubiquitous measurement of penalty deviation, the measurement of penalty is unbalance and " estimating the heap formula " measurement of penalty provides a cover science, intelligent aid, make the measurement of penalty have more the transparency, publicity, accuracy and sufficient rationality.
The described criminal law measurement of penalty of embodiment of the invention system as shown in Figure 4, comprising:
The pre-unit 302 of preserving is used for preserving in advance the related data of sentencing, and the described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, statutory rules, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations.
In the present embodiment, described pre-preservation unit as shown in Figure 5, comprising: first preserves module 3021, is used to preserve measurement of penalty detailed rules and regulations; Second preserves module 3022, is used to preserve statutory rules; The 3rd preserves module 3023, is used to preserve judicial explanation; The 4th preserves module 3024, is used to preserve typical case; Five guarantees storing module 3025 is used to preserve the corresponding relation of described measurement of penalty detailed rules and regulations and described laws and regulations.
Acquiring unit 303 is used for according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence; Its concrete implementation method can be described referring to step 201 as shown in Figure 2, repeats no more herein.
In the present embodiment, described performance element as shown in Figure 6, comprising: computing module 3041, and be used for by described benchmark punishment addition or subtract each other described unsteady punishment, draw virtual punishment; Execution module 3042 is used for the virtual punishment of at least one unit of drawing according to described computing module, draws quantification with reference to punishment.
The measurement of penalty system that present embodiment provides is support with the Criminal Law of the People's Republic of China, in conjunction with the actual experience of deciding a case of numerous law courts, and utilization The present computer technology, embedded computing technique.Its software runtime environment: Windows XP and above version operating system thereof.The open language of this system mentions version number: vb.net 2003.B/S is provided, and multiple systems integrated modes such as C/S are applicable to different practical environment, and functions such as automatic renewal, upgrading are provided.
Hundred kinds of charge criminal law measurement of penalty systems commonly used that the embodiment of the invention provides, its performance element finally draws measurement of penalty result according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance.By measurement of penalty process complexity, abstract, use modern high-tech instrument to split the digitizing measurement of penalty process of dissolving to computer with the people.For contemporary judge, public procurator, lawyer solve current ubiquitous measurement of penalty deviation, the measurement of penalty is unbalance and " estimating the heap formula " measurement of penalty provides a cover science, intelligent aid, make the measurement of penalty have more the transparency, publicity, accuracy and sufficient rationality.
The method and system of the criminal law measurement of penalty that the embodiment of the invention provides, can be applied to the measurement of penalty of the following kinds of punishment, comprise fixed-term imprisonment, life imprisonment, death penalty, detention, the control measurement of penalty separately, comprise the measurement of penalty of the above kinds of punishment when concurrence occurring, also comprise the measurement of penalty when the above kinds of punishment concurrence occurs each other.
At present, the method and system of the criminal law measurement of penalty that the embodiment of the invention provides is used by national Supreme People's Court pilot conversion, and more than ten province pilot law court carries out popularization and application at home.
One of ordinary skill in the art will appreciate that all or part of step that realizes in the foregoing description method is to instruct relevant hardware to finish by program, described program can be stored in the computer-readable recording medium, as ROM/RAM, USB flash disk, magnetic disc or CD etc.
The above; only be the specific embodiment of the present invention, but protection scope of the present invention is not limited thereto, anyly is familiar with those skilled in the art in the technical scope that the present invention discloses; can expect easily changing or replacing, all should be encompassed within protection scope of the present invention.Therefore, protection scope of the present invention should be as the criterion by described protection domain with claim.
Claims (7)
1. the method for hundred kinds of charge criminal laws measurement of penalty commonly used is used for criminal law measurement of penalty system, it is characterized in that, comprising:
According to crime crime and punishment, circumstances of crime and the pre-related data of sentencing of preserving of input, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence; The described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, laws and regulations, judicial explanation, typical case and described criminal law measurement of penalty detailed rules and regulations and the described laws and regulations;
According to described benchmark punishment and described unsteady punishment, draw quantification with reference to punishment;
Export measurement of penalty result according to described quantification with reference to punishment.
2. method according to claim 1 is characterized in that, describedly draws quantification with reference to punishment according to described benchmark punishment and described unsteady punishment, comprising:
By described benchmark punishment addition or subtract each other described unsteady punishment, draw virtual punishment;
Virtual punishment according to described at least one unit draws quantification with reference to punishment.
3. method according to claim 1 and 2 is characterized in that, described benchmark punishment comprises a guilty benchmark punishment and the punishment of general provisions benchmark.
4. method according to claim 1 and 2 is characterized in that, described unsteady punishment comprises unsteady punishment of a crime and the unsteady punishment of general provisions.
5. a criminal law measurement of penalty system is characterized in that, comprising:
Input block is used to import crime crime and circumstances of crime;
The pre-unit of preserving is used for preserving in advance the related data of sentencing, and the described related data of sentencing comprises the corresponding relation between measurement of penalty detailed rules and regulations, statutory rules, judicial explanation, typical case and described measurement of penalty detailed rules and regulations and the described laws and regulations;
Acquiring unit is used for according to crime crime and punishment, the circumstances of crime of described input block input and the related data of sentencing of preserving the pre-preservation in unit in advance, the benchmark punishment and the unsteady punishment of obtaining described crime crime and punishment correspondence;
Performance element is used for the benchmark punishment and the unsteady punishment of obtaining according to described acquiring unit, draws quantification with reference to punishment;
Output unit is used for according to described quantification with reference to punishment output measurement of penalty result.
6. system according to claim 5 is characterized in that, described pre-preservation unit comprises:
First preserves module, is used to preserve measurement of penalty detailed rules and regulations;
Second preserves module, is used to preserve statutory rules;
The 3rd preserves module, is used to preserve judicial explanation;
The 4th preserves module, is used to preserve typical case;
The five guarantees storing module is used to preserve the corresponding relation of described measurement of penalty detailed rules and regulations and described laws and regulations.
7. system according to claim 5 is characterized in that, described performance element comprises:
Computing module is used for by described benchmark punishment addition or subtracts each other described unsteady punishment, draws virtual punishment;
Execution module is used for the virtual punishment of at least one unit of drawing according to described computing module, draws quantification with reference to punishment.
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Cited By (7)
| Publication number | Priority date | Publication date | Assignee | Title |
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| CN103279798A (en) * | 2013-06-12 | 2013-09-04 | 林宝宗 | Detainee detention necessity auditing system |
| TWI494890B (en) * | 2011-04-12 | 2015-08-01 | Univ Southern Taiwan | Support system of sentencing decision |
| TWI496103B (en) * | 2013-06-27 | 2015-08-11 | The system and method of sentencing and juries-guiding in taiwan | |
| CN109472424A (en) * | 2018-12-18 | 2019-03-15 | 广东博维创远科技有限公司 | Prediction technique, device, storage medium and the server of crime practical prison term |
| CN111428466A (en) * | 2018-12-24 | 2020-07-17 | 北京国双科技有限公司 | Legal document analysis method and device |
| CN115858507A (en) * | 2022-08-25 | 2023-03-28 | 中国司法大数据研究院有限公司 | Method and system for automatic assessment, error correction and completion of criminal investigation rule |
| CN116823541A (en) * | 2023-08-29 | 2023-09-29 | 山东大学 | Criminal investigation calculation method and system based on nonlinear model |
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| Publication number | Priority date | Publication date | Assignee | Title |
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| CN109472424B (en) * | 2018-12-18 | 2020-06-02 | 华南师范大学 | Method and device for predicting actual criminal period of crime, storage medium and server |
| CN111428466A (en) * | 2018-12-24 | 2020-07-17 | 北京国双科技有限公司 | Legal document analysis method and device |
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| CN116823541A (en) * | 2023-08-29 | 2023-09-29 | 山东大学 | Criminal investigation calculation method and system based on nonlinear model |
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