CN107578355A - A kind of measurement of penalty method and apparatus - Google Patents

Abstract

The invention provides a kind of measurement of penalty method and apparatus, wherein, this method includes：The measurement of penalty request instruction of user's triggering is obtained, measurement of penalty request instruction includes：Guilty class, charge and the plot of crime；Principal penalty and the accessary penalty of crime are determined according to guilty class, charge and plot；The principal penalty of determination and accessary penalty are showed into user as the measurement of penalty result of crime.By measurement of penalty method and apparatus provided in an embodiment of the present invention, the measurement of penalty can be avoided deviation occur.

Description

A kind of measurement of penalty method and apparatus

Technical field

The present invention relates to computing technique field, in particular to a kind of measurement of penalty method and apparatus.

Background technology

At present, there is the common problem that unbalance or deviation is still countries in the world generally existing in the punishment measurement of penalty.China is written Method country, there is special legal provisions to criminal offense, but the formulation of law has certain hysteresis quality, i.e., when needs produce to new Criminal phenomena when being decided, foundation is obtained from penal code, this requires before this first to revise penal code. In order to adapt to the situation continued to develop, the effectively practice needs of punishment and crime prevention are adapted to, legislature is to priority to criminal law Ten amendments have been carried out, has successively passed through one and has determined and 9 criminal law amendments.But in practice process, due to criminal law Therefore the understanding of provision, causes to there are measurement of penalty deviation in the juridical practice in China there is individual difference.

Easily occurs measurement of penalty deviation between different law courts, the also amount of occurring between the different judges of same law court or collegiate bench Punishment deviation；For on from the time, larger difference also occurs in the measurement of penalty of same law court's different times.Found by investigating, the measurement of penalty Deviation is many in China's Producing reason：1) legislation reason：First, criminal law lacks strict specific requirement to the measurement of penalty； Second, the presence of a large amount of fuzzy languages in criminal law, judge is difficult to correct understanding and is applicable；3rd, the measurement of penalty width of penal provision Spend in wide in range, cause the imbalance being applicable.2) historical reasons：Influenceed by left-leaning ideological trend in history, formed in the administration of justice Doctrine of severe punishment the measurement of penalty thinking of quite a few judge is affected in a manner of tangible or be invisible for a long time.3) academic reason：Learn In art research and juridical practice it is long-term since the unilateral tendency for resetting guilty light weight punishment that is formed, make to fail to provide to judge in theory Realize the balanced scientific method of the measurement of penalty.4) subject cause：As long as quite a few judge thinks amplitude of the measurement of penalty in legal provisions Inside just, they compare the legitimacy for focusing on the measurement of penalty, and ignore the reasonability of the measurement of penalty；In addition, judge is to case or measurement of penalty plot The individual difference of understanding will also result in the influence to measurement of penalty result.5) other reasonses：People's court in accordance with the law independent justice by each The different degrees of interference of individual aspect, including various administrative or Party and government offices interventions, wherein also adulterating various public opinions Influence, these can all inevitably affect the measurement of penalty.

In process of the present invention is realized, inventor has found that at least there are the following problems in the prior art：

At present on excessively subjective during the measurement of penalty, without reference to standard, easily the measurement of penalty is caused deviation easily occur.

The content of the invention

In view of this, the purpose of the embodiment of the present invention is to provide a kind of measurement of penalty method and apparatus, to avoid the measurement of penalty from occurring Deviation.

In a first aspect, the embodiments of the invention provide a kind of measurement of penalty method, including：

The measurement of penalty request instruction of user's triggering is obtained, the measurement of penalty request instruction includes：Guilty class, charge and the feelings of crime Section；

Principal penalty and the accessary penalty of crime are determined according to the guilty class, the charge and the plot；

The principal penalty of determination and accessary penalty are showed into user as the measurement of penalty result of crime.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the first of first aspect, wherein：Root Principal penalty and the accessary penalty of crime are determined according to the guilty class, the charge and the plot, including：

Punishment lattice corresponding to the plot of user's determination, the basic plot table bag are inquired from default basic plot table Include：Guilty class, charge, plot, punishment lattice, the corresponding relation for playing punishment point and fine scope；

When user determines to have the three unities, punishment lattice corresponding to plot that user is determined are as principal penalty lattice, and by user Determine plot plays punishment point as a finally punishment point；

When user determines to have multiple plots, the highest punishment lattice obtained in punishment lattice corresponding to multiple plots that user determines are made For principal penalty lattice；

The punishment point that rises for meeting the plot of principal penalty lattice in multiple plots that user is determined is added up, and obtains accumulation result； When accumulation result is more than the punishment lattice higher limit of the principal penalty lattice, using the punishment lattice higher limit of the principal penalty lattice as a finally punishment Point；

When accumulation result is less than or equal to the punishment lattice higher limit of the principal penalty lattice, after punishment lattice corresponding to each plot are added up As a result as a finally punishment point；

When a punishment point for the plot that user determines is 0, punishment point has been determined by following calculation formula (1)：

Play punishment point=punishment lattice lower limit * 0.8+ punishment lattice higher limit * 0.2 (1)

Revised to finally playing punishment point, obtain benchmark punishment；

Benchmark punishment is adjusted, obtains the prison term of crime；

Prison term according to obtaining determines the principal penalty of crime；

Determine the fine quantity in accessary penalty and the time limit of deprivation of political rights.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of second of first aspect, wherein：It is right Play punishment point to be revised, obtain benchmark punishment, including：

Quantity plot increase table corresponding with the plot and true plot increase table are obtained, and the quantity plot is increased Table and the true plot increase table is added to show user so that user selects crime from the quantity plot increase table Quantity plot, and it is engaged in the fact that select crime in truth section increase table plot；

The number with user's selection is determined in the mapping table of punishment point revision value with from default quantity increase plot The first punishment point revision value corresponding to amount increase plot；

Increase plot from the fact default and determine thing with user's selection in the mapping table of punishment point revision value with Second punishment point revision value corresponding to real increase plot；

According to the first punishment point revision value determined and second punishment point revision value, described punishment point is revised, Obtain benchmark punishment.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the third of first aspect, wherein：It is right Benchmark punishment is adjusted, and obtains the prison term of crime, including：

General provisions floating index list corresponding to above-mentioned charge and a guilty floating index list are obtained from default relocation table, Above-mentioned general provisions floating index list and above-mentioned guilty floating index list are showed into user so that user is from general provisions floating index The general provisions floating index related to crime is selected in list, and the crime related to crime is selected from individual guilty floating index list Floating index, wherein, above-mentioned general provisions floating index, including：Crime stops form law plot, joint crime law plot, row Except the excessive law plot of the crime origin of an incident and capacity for responsibility law plot；Individual guilty floating index, including：Performance law feelings before guilty Law plot and other law plots are showed after section, crime；The relocation table includes：General provisions floating index and a crime are floated and referred to The corresponding relation of each law plot and floating principle in mark, the floating principle, including：From weight principle, the principle of lighter punishment, mitigation Principle and release principle；

The corresponding relation of each law plot and floating principle in general provisions floating index and a guilty floating index, it is determined that Floating principle corresponding to general provisions floating index and/or individual guilty floating index selected by user；

Benchmark punishment is adjusted corresponding to floating principle corresponding to general provisions floating index according to selected by user, obtained total Then basic punishment, and floating principle corresponding to the individual guilty floating index according to selected by user is adjusted to the punishment of general provisions basis, is obtained The prison term of crime.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the 4th of first aspect kind, wherein：Root The principal penalty of crime is determined according to the obtained prison term, including：

If the prison term is more than or equal to 312, it is determined that the principal penalty of crime is death penalty；

If the prison term is more than 180 and less than 312, it is determined that the principal penalty of crime is life imprisonment；

If the prison term is more than or equal to 6 and less than or equal to 180, it is determined that the principal penalty of crime is fixed-term imprisonment；

If the prison term is more than or equal to 1 and less than 6, it is determined that the principal penalty of crime is detention；

If the prison term is more than or equal to 0.3 and less than 1, it is determined that principal penalty is control, and determines control by equation 2 below Time limit：

The control time limit=(playing punishment point -0.2) * 30 (2)

If the prison term is less than 0.3, it is determined that principal penalty is to remit a punishment.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the 5th of first aspect kind, wherein：Really Determine the fine quantity in accessary penalty, including：

The description information of charge selected by user is obtained from default charge table；

Judge whether there is " singly fining " or " and fining " field in the description information of charge selected by user；

Judge whether user selects either to mitigate the general provisions floating index of principle or former with exempting with release principle Then or mitigate principle individual guilty floating index；

If it is determined that there is " singly fining " field, prison term minimum in description information of the charge selected by user in charge table Do not exempt principle below the lower limit of punishment lattice and in relocation table in the law plot of the charge, then determined according to below equation (3) Fine quantity Pdg：

Pdg=(P2-P1) * (XJZ-A)/(B-A)+P1 (3)

Should in " and fining " field, relocation table if it is determined that having in description information of the charge selected by user in charge table Include mitigation principle in the law plot of charge and the prison term is under principal penalty lattice, then determine fine number according to below equation (4) Measure Pdg：

P_dg=[(P2-P1) * (X_dg-A)/(B-A)+P1]*X_dg/X_qd (4)

If it is determined that there is " and fining " field and prison term in master in description information of the charge selected by user in charge table When within punishment lattice, fine quantity Pdg is determined according to below equation (5)：

Pdg=(P2-P1) * (Xdg-A)/(B-A)+P1 (5)

Wherein, P1 represents the plot punishment amount of money upper limit, and P2 represents plot punishment amount of money lower limit, and XJZ represents benchmark punishment, A tables Show the punishment lattice higher limit of principal penalty lattice, B represents the punishment lattice lower limit of principal penalty lattice, and Xdg represents the prison term of principal penalty, and Xqd has represented punishment point.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the 6th of first aspect kind, wherein：Really Determine the time limit of the deprivation of political rights in accessary penalty, including：

When the prison term of principal penalty being more than 180, it is determined that the time limit of deprivation of political rights is " additional deprival of political right for life "；

When the prison term of principal penalty be more than or equal to 168 and guilty class be to be more than or equal to prison term of crime of jeopardizing state security or principal penalty 168 and charge be " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robberys " a period of time, it is determined that shell The time limit for taking political right by force is " deprivation of political rights 5 years "；

When the prison term of principal penalty be more than or equal to 144 and guilty class be to be more than or equal to prison term of crime of jeopardizing state security or principal penalty 144 and charge be " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robberys " a period of time, it is determined that shell The time limit for taking political right by force is " additional deprivation of political rights 4 years "；

When the prison term of principal penalty be more than or equal to 120 and guilty class be to be more than or equal to prison term of crime of jeopardizing state security or principal penalty 120 and charge be " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robberys " a period of time, it is determined that shell The time limit for taking political right by force is " additional deprivation of political rights 3 years "；

When the prison term of principal penalty is more than or equal to 96 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights For " additional deprivation of political rights 3 years "；

When the prison term of principal penalty is more than or equal to 48 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights For " additional deprivation of political rights 2 years "；

When the prison term of principal penalty is more than or equal to 1 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights For " additional deprivation of political rights 1 year "；

When the prison term of principal penalty is more than or equal to 0.3 and guilty class is crime of jeopardizing state security, the control time limit is defined as depriving The time limit of political right；

When the prison term of principal penalty be less than 0.3 and guilty class be charge selected by crime of jeopardizing state security or user in charge table When containing the field of " depriving political right " in description information, it is determined that the time limit of deprivation of political rights is " deprivation of political rights at single 1 year ".

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the 7th of first aspect kind, wherein：Institute Stating method also includes：

When user triggers newly-increased charge instruction, charge and measurement of penalty result to the crime of the measurement of penalty store, and Obtain guilty class, charge and the plot for the crime that user determines again；

Guilty class, charge and the plot of the crime determined again according to user are handled, and obtain the crime that user determines again Capable measurement of penalty result；

When the measurement of penalty result with multiple crimes, the concurrence of offences measurement of penalty instruction of monitoring user's triggering, the several offences is simultaneously Penalize measurement of penalty instruction to include user to determine to need to carry out the measurement of penalty result of multiple crimes of concurrence of offences；

The measurement of penalty result of multiple crimes is handled, obtains the measurement of penalty result of multiple crime concurrences of offences.

With reference in a first aspect, the embodiments of the invention provide the possible embodiment of the 8th of first aspect kind, wherein：It is right The measurement of penalty result of multiple crimes is handled, and obtains the measurement of penalty result of multiple crime concurrences of offences, including：

When there is the principal penalty of measurement of penalty result to be death penalty in the measurement of penalty result of multiple crimes, by the amount of multiple crime concurrences of offences Punishment result is defined as death penalty；

When there is the principal penalty of measurement of penalty result to be life imprisonment in the measurement of penalty result of multiple crimes, by multiple crime concurrences of offences Measurement of penalty result be defined as life imprisonment；

When the measurement of penalty result of multiple crimes is fixed-term imprisonment, to the time limit of the principal penalty in the measurement of penalty result of multiple crimes Added up, obtain the first prison term summation；

When the first prison term summation is less than 420, the first concurrence amount by below equation (6) to multiple crime concurrences of offences Prison term limit is calculated：

The first prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes are total With * 0.3 (6)

When being more than or equal to 240 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was 240；

When the first prison term summation is more than or equal to 420, by below equation (7) to the first of multiple crime concurrences of offences simultaneously The measurement of penalty time limit is penalized to be calculated：

The first prison terms of 0.6+ time limit maximum * of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes are total With * 0.4 (7)

When being more than or equal to 300 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was arranged to 300；

When the measurement of penalty result of multiple crimes includes fixed-term imprisonment and detention, by the time limit of the principal penalty of fixed-term imprisonment and detention Principal penalty time limit be added, obtain the second prison term summation；

When the second prison term summation is less than 420, the second concurrence amount by below equation (8) to multiple crime concurrences of offences Prison term limit is calculated：

The second prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes are total With * 0.3 (8)

When being more than or equal to 240 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was 240；

When the second prison term summation is more than or equal to 420, by below equation (9) to the second of multiple crime concurrences of offences simultaneously The measurement of penalty time limit is penalized to be calculated：

The second prison terms of 0.6+ time limit maximum * of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes are total With * 0.4 (9)

When being more than or equal to 300 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was arranged to 300；

When the measurement of penalty result of multiple crimes includes fixed-term imprisonment and control or detention and control, to being measured in multiple crimes Punishment result is added up for the time limit of the principal penalty of fixed-term imprisonment, fixed-term imprisonment prison term summation is obtained, to measurement of penalty knot in multiple crimes Fruit is added up for the time limit of the principal penalty of detention, obtains detention prison term summation, and is control to measurement of penalty result in multiple crimes The time limit of principal penalty is added up, and obtains control prison term summation；

The 3rd concurrence measurement of penalty time limit of fixed-term imprisonment is calculated by below equation (10)：

The time limit maximum * 0.7+ of principal penalty in the measurement of penalty result of 3rd concurrence measurement of penalty time limit=multiple fixed-term imprisonments has the phase empty Punishment prison term summation * 0.3 (10)

When being more than or equal to 240 in the 3rd concurrence measurement of penalty time limit being calculated, the 3rd concurrence measurement of penalty time limit was arranged to 240；

The 4th concurrence measurement of penalty time limit of detention is calculated by below equation (11)：

The 0.7+ detention prison terms in time limit maximum * of principal penalty in the measurement of penalty result of 4th concurrence measurement of penalty time limit=multiple detentions are total With * 0.3 (11)

When being more than or equal to 12 in the 4th concurrence measurement of penalty time limit being calculated, the 4th concurrence measurement of penalty time limit was arranged to 12；

The 5th concurrence measurement of penalty time limit of control is calculated by below equation (12)：

The 0.7+ control prison terms in time limit maximum * of principal penalty in the measurement of penalty result of 5th concurrence measurement of penalty time limit=multiple control are total With * 0.3 (12)

When being more than or equal to 36 in the 5th concurrence measurement of penalty time limit being calculated, the 5th concurrence measurement of penalty time limit was arranged to 36；

When the measurement of penalty result of multiple crimes is detention, the time limit of the principal penalty in the measurement of penalty result of multiple crimes is carried out It is cumulative, obtain the 3rd prison term summation；

The 6th concurrence measurement of penalty time limit of detention is calculated by below equation (13)：

The 3rd prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of 6th concurrence measurement of penalty time limit=multiple detentions are total With * 0.3 (13)

When being more than or equal to 12 in the 6th concurrence measurement of penalty time limit being calculated, the 6th concurrence measurement of penalty time limit was arranged to 12；

When the measurement of penalty result of multiple crimes is control, the time limit of the principal penalty in the measurement of penalty result of multiple crimes is carried out It is cumulative, obtain the 4th prison term summation；

The 7th concurrence measurement of penalty time limit of detention is calculated by below equation (14)：

The 4th prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of 7th concurrence measurement of penalty time limit=multiple control are total With * 0.3 (14)

When being more than or equal to 36 in the 7th concurrence measurement of penalty time limit being calculated, the 7th concurrence measurement of penalty time limit was arranged to 36；

The accessary penalty of each measurement of penalty result in the measurement of penalty result of multiple crimes is obtained respectively, to penalizing in the accessary penalty that gets Golden number amount is added up, and obtains concurrence fine quantity, and the time limit of the deprivation of political rights in the accessary penalty that gets is tired out Add, the concurrence deprivation of political rights time limit is obtained, so as to obtain the measurement of penalty result of multiple crime concurrences of offences.

Second aspect, the embodiment of the present invention also provide a kind of measurement of penalty device, including：

Acquisition module, for obtaining the measurement of penalty request instruction of user's triggering, the measurement of penalty request instruction includes：The crime of crime Class, charge and plot；

Processing module, for determining principal penalty and the accessary penalty of crime according to the guilty class, the charge and the plot；

Display module, for the principal penalty of determination and accessary penalty to be showed into user as the measurement of penalty result of crime.

Measurement of penalty method provided in an embodiment of the present invention and measurement of penalty device, the measurement of penalty request instruction triggered by user include Crime guilty class, charge and plot determine crime principal penalty and accessary penalty, with correlation technique in can only the artificial subjectivity amount of progress Punishment is compared so that the process of the measurement of penalty is as far as possible objective, avoids accomplice difference from sentencing, and makes the measurement of penalty more just and balanced；It is applicable not only to People's court's punishment measurement of penalty, realize measurement of penalty balance, equilibrium and prevent measurement of penalty deviation, be also applied for people's procuratorate's public prosecution, the people Public security investigates and handled a case and lawyer, law institute, Law institute Students ' Learning and application, using simple extensive.

To enable the above objects, features and advantages of the present invention to become apparent, preferred embodiment cited below particularly, and coordinate Appended accompanying drawing, is described in detail below.

Brief description of the drawings

In order to illustrate the technical solution of the embodiments of the present invention more clearly, below by embodiment it is required use it is attached Figure is briefly described, it will be appreciated that the following drawings illustrate only certain embodiments of the present invention, therefore be not construed as pair The restriction of scope, for those of ordinary skill in the art, on the premise of not paying creative work, can also be according to this A little accompanying drawings obtain other related accompanying drawings.

Fig. 1 shows a kind of application scenarios schematic diagram for measurement of penalty method that the embodiment of the present invention 1 is provided；

Fig. 2 shown in a kind of application scenarios for measurement of penalty method that the embodiment of the present invention 1 is provided, the tool of server terminal Body structural representation；

Fig. 3 shows a kind of flow chart for measurement of penalty method that the embodiment of the present invention 1 is provided；

Fig. 4 shows a kind of structural representation for measurement of penalty device that the embodiment of the present invention 2 is provided.

Embodiment

To make the purpose, technical scheme and advantage of the embodiment of the present invention clearer, below in conjunction with the embodiment of the present invention Middle accompanying drawing, the technical scheme in the embodiment of the present invention is clearly and completely described, it is clear that described embodiment is only It is part of the embodiment of the present invention, rather than whole embodiments.The present invention being generally described and illustrated herein in the accompanying drawings is real Applying the component of example can be configured to arrange and design with a variety of.Therefore, it is of the invention to what is provided in the accompanying drawings below The detailed description of embodiment is not intended to limit the scope of claimed invention, but is merely representative of the selected reality of the present invention Apply example.Based on embodiments of the invention, institute that those skilled in the art are obtained on the premise of creative work is not made There is other embodiment, belong to the scope of protection of the invention.

At present, easily occur measurement of penalty deviation between different law courts, also can between the different judges of same law court or collegiate bench There is measurement of penalty deviation；For on from the time, larger difference also occurs in the measurement of penalty of same law court's different times.Sent out by investigating Existing, measurement of penalty deviation is many in China's Producing reason：1) legislation reason：First, criminal law lacks strict specific to the measurement of penalty Requirement；Second, the presence of a large amount of fuzzy languages in criminal law, judge is difficult to correct understanding and is applicable；3rd, penal provision Extent for measurement of punishment is excessively wide in range, causes the imbalance being applicable.2) historical reasons：Influenceed by left-leaning ideological trend in history, in the administration of justice The doctrine of severe punishment of middle formation affects the measurement of penalty thinking of quite a few judge in a manner of tangible or be invisible for a long time.3) it is academic former Cause：In academic research and juridical practice it is long-term since the unilateral tendency for resetting guilty light weight punishment that is formed, make in theory to fail to method Official provides the scientific method for realizing that the measurement of penalty is balanced.4) subject cause：As long as quite a few judge thinks the measurement of penalty in legal provisions Amplitude in just, they compare the legitimacy for focusing on the measurement of penalty, and ignore the reasonability of the measurement of penalty；In addition, judge is to case or amount The individual difference of punishment plot understanding will also result in the influence to measurement of penalty result.5) other reasonses：People's court's independent justice in accordance with the law By the different degrees of interference of various aspects, including various administrative or Party and government offices interventions, wherein also adulterating various societies The influence of public opinion, these can all inevitably affect the measurement of penalty.At present on excessively subjective during the measurement of penalty, without reference to mark Standard, easily the measurement of penalty is caused deviation easily occur.Based on this, a kind of measurement of penalty method and apparatus of the application offer.

Embodiment 1

The present embodiment proposes a kind of measurement of penalty method, the application scenarios schematic diagram of measurement of penalty method shown in Figure 1, this method Executive agent be a kind of Sentencing normalizing system, including Database Systems 100 and the server terminal that is connected with Database Systems 112。

Above-mentioned server terminal, for obtaining the measurement of penalty request instruction of user's triggering, and the amount to obtain from Database Systems Punishment authority data and measurement of penalty algorithm, the measurement of penalty is carried out to the crime described in measurement of penalty request instruction.

Above-mentioned Database Systems 100 include：Measurement of penalty database 102, for storing measurement of penalty normative foundation data, include criminal law All entries, charge classification, charge information, plus-minus punishment data and measurement of penalty detailed rules and regulations data；Algorithm data-base 104, for storing The database of measurement of penalty algorithm data, include the conversion algorithm of floating punishment and declaratory penalty after individual guilty benchmark punishment, the punishment of general provisions basis, crime Data, algorithm data-base are the cores of measurement of penalty specification；Case database 106, for storing measurement of penalty code cases data, include a surname Accuse punishment case and typical case；Laws and regulations and judicial explanation database 108, issued so far since the establishment of the nation for storing China Criminal law regulation prevailing for the time being in force, judicial explanation.This is the legal basis that this Sentencing normalizing system carries out conviction and sentence；Amount Punishment standardization detailed rules and regulations database 110, for storing Supreme People's Court's measurement of penalty instruction and national each province, city, regional root The people's court's measurement of penalty detailed rules and regulations formulated according to area under one's jurisdiction situation, this is the implementation basis of the various algorithms of this Sentencing normalizing system.

Above-mentioned measurement of penalty database 102, above-mentioned algorithm data-base 104, above-mentioned case database 106, laws and regulations and the administration of justice Explain that database 108 and measurement of penalty standardization detailed rules and regulations database 110 are connected with server terminal 112.

Above-mentioned measurement of penalty database 102 and above-mentioned algorithm data-base 104, for carrying out measurement of penalty processing in server terminal 112 During, provide measurement of penalty analyze data and measurement of penalty algorithm to server terminal 112；Above-mentioned case database 106, for service The measurement of penalty result that device terminal 112 obtains is stored；Laws and regulations and judicial explanation database 108 and measurement of penalty standardization are thin Then database, for when server terminal 112 gets the query statement that user triggers, returning and using to server terminal 112 Want the content of inquiry in family so that server terminal 112 shows the content inquired to user.

Fig. 2 shows a kind of structured flowchart for the server terminal that can be applied in the present embodiment.As shown in Fig. 2 service Device terminal 200 includes：Memory 201, processor 202 and mixed-media network modules mixed-media 203.

Memory 201 can be used for storage software program and module, such as the measurement of penalty method and device in the embodiment of the present invention Corresponding programmed instruction/module, processor 202 are stored in software program and module in memory 201 by operation, so as to Various function application and data processing are performed, that is, realizes the measurement of penalty method in the present embodiment.Memory 201 may include at a high speed with Machine memory, may also include nonvolatile memory, as one or more magnetic storage device, flash memory or other it is non-easily The property lost solid-state memory.Further, above-mentioned software program and module may also include：Operating system 221 and service module 222.Wherein operating system 221, such as can be LINUX, Android, UNIX, WINDOWS, it may include various for managing system The component software of system task (such as memory management, storage device control, power management etc.) and/or driving, and can with it is various hard Part or component software mutually communicate, so as to provide the running environment of other software component.Service module 222 operates in operating system On the basis of 221, and monitored come the request of automatic network, completed according to request corresponding by the network service of operating system 221 Data processing, and result is returned to client.That is, service module 222 is used to provide network service to client.

Mixed-media network modules mixed-media 203 is used to receiving and sending network signal.Above-mentioned network signal may include wireless signal or have Line signal.

It is appreciated that structure shown in Fig. 2 is only to illustrate, server terminal 200 may also include it is more more than shown in Fig. 2 or The less component of person, or there is the configuration different from shown in Fig. 2.Each component shown in Fig. 2 can use hardware, software or It, which is combined, realizes.In addition, the server terminal in the present embodiment can also include the server of multiple specific difference in functionalitys.

User can carry out measurement of penalty processing operation or inquiry according to the measurement of penalty software pre-installed in client.

The content that can be inquired about includes：Measurement of penalty standardization detailed rules and regulations, laws and regulations and judicial explanation, criminal measurement of penalty software, the measurement of penalty Case and typical case.

Specifically, above-mentioned measurement of penalty standardization detailed rules and regulations, including the Supreme People's Court and domestic each provincial high people's courts, according to 《Criminal Law of the People's Republic of China》、《Criminal Procedure Law of the People's Republic of China》Law, related judicial explanation, with reference to examining for law court Sentence practice, the measurement of penalty standardization instruction and detailed rules for the implementation of formulation.

Above-mentioned laws and regulations and judicial explanation, collect the criminal law regulation prevailing for the time being in force issued so far since the establishment of the nation and department Method interpretation, for software user reference, use, reference in the form of electronic.

Above-mentioned measurement of penalty case, including：Measurement of penalty case stores the result of this software systems measurement of penalty.

Above-mentioned typical case, including：Typical case stores national typical case, contains up to people's court and other law courts The criminal case of 60,000 many cases announced.

In the present embodiment, the unit of prison term is the moon, is repeated no more in follow-up description.

The flow chart of measurement of penalty method shown in Figure 3, the measurement of penalty method that the present embodiment proposes, comprises the following steps：

Step 300, the measurement of penalty request instruction for obtaining user's triggering, above-mentioned measurement of penalty request instruction include：The guilty class of crime, crime Name and plot.

In above-mentioned steps 300, user triggers measurement of penalty request instruction in the client to be communicated with server terminal, Client can detect the measurement of penalty request instruction of user's triggering, and when user triggers measurement of penalty request instruction, by the amount of user's triggering Punishment request instruction is transferred to server terminal and carries out measurement of penalty processing.

The process that user triggers measurement of penalty request instruction includes：User opens the measurement of penalty software installed in client, and the measurement of penalty is soft Default guilty class table can be showed user by part so that user determines to need the guilty class of the crime of the measurement of penalty, selected when getting user After selecting the guilty class for needing the measurement of penalty, the related charge table of the guilty class of user's selection is shown to user so that user determines requirement The charge of punishment, and after user selects charge, the plot table that user selects charge related is showed into user, obtain user's selection Plot, and the guilty class, charge and the plot that are determined according to user generate measurement of penalty request instruction.

Above-mentioned charge table and above-mentioned plot table are all preset in measurement of penalty software.

Above-mentioned charge table, including the explanation of charge and charge.Wherein, the explanation of charge, in the present embodiment also referred to as crime Famous-brand clock explanation.

Step 302, principal penalty and the accessary penalty for determining according to above-mentioned guilty class, above-mentioned charge and above-mentioned plot crime.

Specifically, above-mentioned steps 302 specifically include following steps (2) to step (12)：

(2) punishment lattice corresponding to the plot of user's determination, above-mentioned basic plot table are inquired from default basic plot table Including：Guilty class, charge, plot, punishment lattice, the corresponding relation for playing punishment point and fine scope；

(3) when user determines to have the three unities, using punishment lattice corresponding to the plot of user's determination as principal penalty lattice, and will use Family determines that the punishment point that rises of plot plays punishment point as final；

(4) when user determines there are multiple plots, the highest punishment in punishment lattice corresponding to multiple plots that user determines is obtained Lattice are as principal penalty lattice；

(5) the punishment point that rises for meeting the plot of principal penalty lattice in the multiple plots for determining user is added up, and obtains cumulative knot Fruit；

(6) when accumulation result is more than the punishment lattice higher limit of above-mentioned principal penalty lattice, the punishment lattice higher limit of above-mentioned principal penalty lattice is made Finally to play punishment point；

(7) when accumulation result is less than or equal to the punishment lattice higher limit of above-mentioned principal penalty lattice, using accumulation result as a punishment point；

(8) it is public by following calculating when the corresponding value for playing punishment point is 0 to the plot that user determines in basic plot table Formula (1) has determined punishment point：

Play punishment point=punishment lattice lower limit * 0.8+ punishment lattice higher limit * 0.2 (1)；

(9) revised to finally playing punishment point, obtain benchmark punishment；

(10) benchmark punishment is adjusted, obtains the prison term of crime；

(11) principal penalty of crime is determined according to the obtained prison term；

(12) the fine quantity in accessary penalty and the time limit of deprivation of political rights are determined.

In above-mentioned steps (3), punishment lattice (measurement of penalty lattice), refer to that each kinds of punishment is (i.e. when applicable criminal punishment, prison term The crime that suspect is violated) there is an extent for measurement of punishment (being exactly measurement of penalty scope), we will can obtain in extent for measurement of punishment Minimum value be referred to as punishment lattice lower limit, the maximum that can be obtained in extent for measurement of punishment is referred to as punishment lattice higher limit.

The situation of multiple punishment lattice is there may be in basic plot table, the situation of the plurality of punishment lattice includes：Minimum punishment lattice, in Between punishment lattice and highest punishment lattice.Minimum punishment lattice, middle punishment lattice and highest punishment lattice include different extent for measurement of punishment.

Play punishment point, the bottom line as sentenced, for rising in punishment point criminal law without explicit stipulation for various crimes, in the administration of justice Determined in practice according to the difference of circumstances of crime.The relation of punishment point and punishment lattice is played, playing punishment point must be in the punishment lattice upper limit and punishment In the range of lattice lower limit.Such as the 236th article of regulation of Chinese Criminal Law：Made an indecent assault on women with violence, stress or other means , locate less than 10 years more than 3 years fixed-term imprisonments.Accordingly, rise punishment point should 3 years (36 months) to 10 years (120 months) it Between, the plot in punishment plot table has been selected such as 1 people that makes an indecent assault on women, and it is 4 years in prisons (48 months) to play punishment point.

In above-mentioned steps (8), when value of the punishment point in basic plot table for the plot that user determines is 0, illustrate In current measurement of penalty regulation, the plot not determined to active user provides, and in this case, in above-mentioned algorithm number According to formula (1) is set in storehouse, a punishment point for the crime plot of the measurement of penalty is determined rapidly, avoids measurement of penalty deviation.

In above-mentioned steps (9), benchmark punishment, refer to do not consider it is various legal and on the premise of deciding measurement of penalty law plot (being to say that benchmark punishment does not include the punishment that general provisions are floated with a guilty floating index here), according to the accomplished offence state of basic crime fact The punishment time limit that should be sentenced.

Benchmark punishment and the relation of a punishment point are：Benchmark punishment is to increase plot to playing punishment point by fact increase plot and quantity Result after being modified.

Above-mentioned steps (9) specifically include in detail below step (9.1) to step (9.4)：

(9.1) obtain corresponding with above-mentioned plot quantity plot increase table and true plot increases table, and by above-mentioned quantity Plot increase table and above-mentioned true plot increase table show user so that user selects from above-mentioned quantity plot increase table The quantity increase plot of crime, and be engaged in the fact that select crime in truth section increase table and increase plot；

(9.2) determine to select with user in the mapping table of punishment point revision value with from default quantity increase plot Quantity increase plot corresponding to the first punishment point revision value；

(9.3) increase that plot is determined with the mapping table of punishment point revision value and user selects from the fact default The fact increase plot corresponding to second punishment point revision value；

(9.4) according to the first punishment point revision value and second punishment point revision value determined, above-mentioned punishment point is carried out Revision, obtains benchmark punishment.

In above-mentioned steps (9.4), after being revised to above-mentioned punishment point, if revised punishment point is less than principal penalty lattice During punishment lattice lower limit, punishment on the basis of the punishment lattice lower limit of principal penalty lattice is determined；If revised punishment point is higher than the punishment of principal penalty lattice During lattice higher limit, punishment on the basis of the punishment lattice higher limit of principal penalty lattice is determined.

It can be seen that by the description of above step (9.1) to step (9.4) and quantity plot separated into behaviour with true plot Make, so as to allow user is clearer to accelerate and increase the true increase principle to a punishment point, and punishment lattice are acted on into quantity In being operated with the fact, i.e., often increase a quantity plot or will be compared when often increasing a true plot with punishment lattice, from And within the scope of benchmark punishment is limited into punishment lattice, do not allow benchmark punishment to exceed punishment lattice scope so that measurement of penalty result is more accurate.

Specifically, above-mentioned steps (10) comprise the following steps (10.1) to step (10.3)：

(10.1) general provisions floating index list corresponding to above-mentioned charge is obtained from default relocation table and a crime is floated and referred to List is marked, above-mentioned general provisions floating index list and above-mentioned guilty floating index list are showed into user so that user is from general provisions The general provisions floating index related to crime, and selection and crime phase from individual guilty floating index list are selected in floating index list The individual guilty floating index closed, wherein, above-mentioned general provisions floating index, including：Crime stops form law plot, joint crime law Plot, exclude the excessive law plot of the crime origin of an incident and capacity for responsibility law plot；Individual guilty floating index, including：Showed before guilty Law plot and other law plots are showed after law plot, crime；Above-mentioned relocation table includes：General provisions floating index and a crime The corresponding relation of each law plot and floating principle in floating index, above-mentioned floating principle, including：From weight principle, from light original Then, mitigate principle and exempt principle；

(10.2) each law plot pass corresponding with floating principle in general provisions floating index and a guilty floating index System, determines floating principle corresponding to general provisions floating index and/or the individual guilty floating index selected by user；

(10.3) benchmark punishment is adjusted corresponding to floating principle corresponding to the general provisions floating index according to selected by user, The punishment of general provisions basis is obtained, and floating principle corresponding to the individual guilty floating index according to selected by user is adjusted to the punishment of general provisions basis It is whole, obtain the prison term (individual guilty declaratory penalty) of crime.

In above-mentioned steps (10.1), described in the general provisions floating index list and a guilty floating index list in relocation table Different law plots correspond to clear stipulaties in criminal law provision from weight principle, the principle of lighter punishment, mitigate principle and exempt principle.

Also include in above-mentioned relocation table：The corresponding pass of each charge and related general provisions floating index and individual guilty floating index System.By the corresponding relation of charge in relocation table and related general provisions floating index and individual guilty floating index, server terminal can So that the general provisions floating index related to the charge that user selects is formed into general provisions floating index list, and the crime that will be selected with user The related individual guilty floating index of name forms a guilty floating index list；Then by general provisions floating index list and a guilty floating index List returns to the measurement of penalty software that user uses, by measurement of penalty software by general provisions floating index list and above-mentioned guilty floating index List shows user.

Handled for the ease of server terminal, above-mentioned floating principle, including：To from weight principle, the principle of lighter punishment, mitigate principle With exempt principle description information and it is default from weight principle, the principle of lighter punishment, mitigate principle and exempt principle respectively to the prison term The percentage being adjusted.

In criminal law, from weight, from it is light, mitigate, exempt and can increase or reduce the prison term, wherein, from referring to again Punishment lattice scope increases the prison term；Refer to reduce the prison term in punishment lattice scope from light；Mitigate the lower limit for referring to be reduced to principal penalty lattice the prison term Below；Exempt the criminal penalty for referring to that the crime can be exempted.

Can be seen that by the description of above step (10.1) to step (10.3) obtained from default relocation table it is above-mentioned General provisions floating index list corresponding to charge and a guilty floating index list so that in general provisions floating index and a guilty floating index The incoherent wrong index option of charge determined with user be removed, user is not selected during the measurement of penalty and charge Incoherent general provisions floating index and a guilty floating index, make the professional stronger of Sentencing normalizing system, availability is more preferably；And And by setting four floating principles in general provisions floating index and a guilty floating index：From weight, from it is light, mitigate, exempt, make Obtaining the punishment of crime more has the professional thinking of the science of law, eliminates the factor of some logical contradictions, further increases measurement of penalty result Accuracy rate.

Specifically, above-mentioned steps (11) comprise the following steps (11.1) to step (11.6)：

(11.1) if the above-mentioned prison term is more than or equal to 312, it is determined that the principal penalty of crime is death penalty；

(11.2) if the above-mentioned prison term is more than 180 and less than 312, it is determined that the principal penalty of crime is life imprisonment；

(11.3) it is more than or equal to 6 and less than or equal to 180 when the above-mentioned prison term, it is determined that the principal penalty of crime is fixed-term imprisonment, on It is the fixed-term imprisonment prison term to state the prison term；

(11.4) it is more than or equal to 1 and less than 6 when the above-mentioned prison term, it is determined that the principal penalty of crime is detention, and the above-mentioned prison term is inflexible Use as a servant the punishment prison term；

(11.5) if the above-mentioned prison term is more than or equal to 0.3 and less than 1, it is determined that principal penalty is control, and passes through below equation (2) Determine the control time limit：

The control time limit=(playing punishment point -0.2) * 30 (2)；

(11.6) if the above-mentioned prison term is less than 0.3, it is determined that principal penalty is to remit a punishment.

Specifically, the fine quantity in accessary penalty is determined in above-mentioned steps (12), comprises the following steps (12.1) to step (12.6)：

(12.1) description information of charge selected by user is obtained from default charge table；

(12.2) judge whether there is " singly fining " or " and fining " word in the description information of charge selected by user Section；

(12.3) judge user whether select with exempt principle either mitigate principle general provisions floating index or with Exempt principle or mitigate the individual guilty floating index of principle；

(12.4) if it is determined that having " singly fining " field, prison term in description information of the charge selected by user in charge table Without principle is exempted in the law plot of the charge below the lower limit of minimum punishment lattice and in relocation table, then according to below equation (3) fine quantity P is determined_dg：

P_dg=(P2-P1) * (X_JZ-A)/(B-A)+P1 (3)；

(12.5) if it is determined that having " and fining " field, floating in description information of the charge selected by user in charge table Include mitigation principle in table in the law plot of the charge and the prison term is under principal penalty lattice, then determined according to below equation (4) Fine quantity P_dg：

P_dg=[(P2-P1) * (X_dg-A)/(B-A)+P1]*X_dg/X_qd(4)；

(12.6) if it is determined that having " and fining " field and punishment in description information of the charge selected by user in charge table When phase is within principal penalty lattice, fine quantity P is determined according to below equation (5)_dg：

P_dg=(P2-P1) * (X_dg-A)/(B-A)+P1 (5)；

Wherein, P1 represents the plot punishment amount of money upper limit, and P2 represents plot punishment amount of money lower limit, X_JZBenchmark punishment is represented, A is represented The punishment lattice higher limit of principal penalty lattice, B represent the punishment lattice lower limit of principal penalty lattice, X_dgRepresent the prison term of principal penalty, X_qdPunishment point is represented.

Further, the time limit of the deprivation of political rights in accessary penalty is determined in above-mentioned steps (12), is comprised the following steps (13.1) to step (13.9)：

(13.1) when the prison term of principal penalty being more than 180, it is determined that the time limit of deprivation of political rights is " additional deprivation of political rights All the life "；

(13.2) when the prison term of principal penalty is more than or equal to 168 and guilty class is more than for the prison term of crime of jeopardizing state security or principal penalty Equal to 168 and charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, really Surely the time limit deprived of political rights is " additional deprivation of political rights 5 years "；

(13.3) when the prison term of principal penalty is more than or equal to 144 and guilty class is more than for the prison term of crime of jeopardizing state security or principal penalty Equal to 144 and charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, really Surely the time limit deprived of political rights is " additional deprivation of political rights 4 years "；

(13.4) when the prison term of principal penalty is more than or equal to 120 and guilty class is more than for the prison term of crime of jeopardizing state security or principal penalty Equal to 120 and charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, really Surely the time limit deprived of political rights is " additional deprivation of political rights 3 years "；

(13.5) when the prison term of principal penalty is more than or equal to 96 and guilty class is crime of jeopardizing state security, it is determined that deprivation of political rights Time limit be " additional deprivation of political rights 3 years "；

(13.6) when the prison term of principal penalty is more than or equal to 48 and guilty class is crime of jeopardizing state security, it is determined that deprivation of political rights Time limit be " additional deprivation of political rights 2 years "；

(13.7) when the prison term of principal penalty is more than or equal to 1 and guilty class is crime of jeopardizing state security, it is determined that deprivation of political rights Time limit be " additional deprivation of political rights 1 year "；

(13.8) when the prison term of principal penalty is more than or equal to 0.3 and guilty class is crime of jeopardizing state security, the control time limit is determined For the time limit of deprivation of political rights；

(13.9) when the prison term of principal penalty be less than 0.3 and guilty class be charge selected by crime of jeopardizing state security or user in charge When containing the field of " depriving political right " in the description information in table, it is determined that the time limit of deprivation of political rights is " to deprive political affairs in single place Governmental power profit 1 year ".

, can be by the principal penalty of determination after principal penalty and the accessary penalty of crime is determined by above-mentioned steps (1) to step (12) User is showed with accessary penalty.

Step 304, the above-mentioned principal penalty of determination and accessary penalty showed into user as the measurement of penalty result of crime.

In above-mentioned steps 304, server terminal can return to the measurement of penalty result of crime the measurement of penalty software that user uses On, measurement of penalty result is showed by user by measurement of penalty software.

In summary, the measurement of penalty method that the present embodiment provides, the crime that the measurement of penalty request instruction triggered by user includes Capable guilty class, charge and plot determine crime principal penalty and accessary penalty, with correlation technique in artificially subjective can only carry out measurement of penalty phase Than so that the process of the measurement of penalty is as far as possible objective, avoids accomplice difference from sentencing, and makes the measurement of penalty more just and balanced；It is applicable not only to the people Law court's punishment measurement of penalty, realize measurement of penalty balance, equilibrium and prevent measurement of penalty deviation, be also applied for people's procuratorate's public prosecution, people's public security Investigate and handle a case and lawyer, law institute, Law institute student are learnt and applied, using it is simple extensively.

Further, the measurement of penalty method that the present embodiment proposes, can also carry out below scheme, with the difference inputted to user Crime carries out the measurement of penalty.The measurement of penalty method that the present embodiment proposes, further comprising the steps of (1) to step (4)：

(1) when user triggers newly-increased charge instruction, charge and measurement of penalty result to the crime of the measurement of penalty store, And obtain guilty class, charge and the plot of the crime that user determines again；

(2) guilty class, charge and the plot of the crime determined again according to user are handled, and obtain what user determined again The measurement of penalty result of crime；

(3) when the measurement of penalty result with multiple crimes, the concurrence of offences measurement of penalty instruction of monitoring user's triggering, above-mentioned several offences Concurrence measurement of penalty instruction includes user and determines to need to carry out the measurement of penalty result of multiple crimes of concurrence of offences；

(4) measurement of penalty result of multiple crimes is handled, obtains the measurement of penalty result of multiple crime concurrences of offences.

In above-mentioned steps (1), server terminal can arrive the charge of the crime through the measurement of penalty and the storage of measurement of penalty result above-mentioned In case database.

Guilty class, charge and the plot of the crime determined again according to user described in above-mentioned steps (2) are handled, and are obtained The process of the measurement of penalty result of the crime determined again to user is similar with the measurement of penalty process that above-mentioned steps 300 to step 304 describe, Here repeat no more.

Above-mentioned steps (4) can obtain the concurrence measurement of penalty time limit of concurrence of offences according to following several situations：

The first situation：When there is the principal penalty of measurement of penalty result to be death penalty in the measurement of penalty result of multiple crimes, by multiple crimes The measurement of penalty result of concurrence of offences is defined as death penalty.

Second of situation：, will be multiple when there is the principal penalty of measurement of penalty result to be life imprisonment in the measurement of penalty result of multiple crimes The measurement of penalty result of crime concurrence of offences is defined as life imprisonment.

The third situation：The measurement of penalty result of multiple crimes is fixed-term imprisonment, true to step (5) by following steps (1) Determine the concurrence measurement of penalty time limit of concurrence of offences：

(1) when the measurement of penalty result of multiple crimes is fixed-term imprisonment, to the principal penalty in the measurement of penalty result of multiple crimes Time limit is added up, and obtains the first prison term summation；

(2) when the first prison term summation is less than 420, by below equation (6) to the first of multiple crime concurrences of offences simultaneously The measurement of penalty time limit is penalized to be calculated：

The first prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes are total With * 0.3 (6)；

(3) when being more than or equal to 240 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was 240；

(4) when the first prison term summation is more than or equal to 420, by below equation (7) to multiple crime concurrences of offences the One concurrence measurement of penalty time limit was calculated：

The first prison terms of 0.6+ time limit maximum * of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes are total With * 0.4 (7)；

(5) when being more than or equal to 300 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was arranged to 300。

4th kind of situation：The measurement of penalty result of multiple crimes includes fixed-term imprisonment and detention, passes through following steps (1) to step (5) the concurrence measurement of penalty time limit of concurrence of offences is determined：

(1) when the measurement of penalty result of multiple crimes includes fixed-term imprisonment and detention, by the time limit of the principal penalty of fixed-term imprisonment with The time limit of the principal penalty of detention is added, and obtains the second prison term summation；

(2) when the second prison term summation is less than 420, by below equation (8) to the second of multiple crime concurrences of offences simultaneously The measurement of penalty time limit is penalized to be calculated：

The second prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes are total With * 0.3 (8)；

(3) when being more than or equal to 240 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was 240；

(4) when the second prison term summation is more than or equal to 420, by below equation (9) to multiple crime concurrences of offences the Two concurrence measurement of penalty time limits were calculated：

The second prison terms of 0.6+ time limit maximum * of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes are total With * 0.4 (9)；

(5) when being more than or equal to 300 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was arranged to 300。

5th kind of situation：When the measurement of penalty result of multiple crimes includes fixed-term imprisonment and control or detention and control, pass through Following steps (1) to step (7) determines the concurrence measurement of penalty time limit of concurrence of offences：

(1) when the measurement of penalty result of multiple crimes includes fixed-term imprisonment and control or detention and control, to multiple crimes Middle measurement of penalty result is added up for the time limit of the principal penalty of fixed-term imprisonment, fixed-term imprisonment prison term summation is obtained, to being measured in multiple crimes Punishment result is added up for the time limit of the principal penalty of detention, obtains detention prison term summation, and is pipe to measurement of penalty result in multiple crimes The time limit of the principal penalty of system is added up, and obtains control prison term summation；

(2) the 3rd concurrence measurement of penalty time limit of fixed-term imprisonment is calculated by below equation (10)：

The time limit maximum * 0.7+ of principal penalty in the measurement of penalty result of 3rd concurrence measurement of penalty time limit=multiple fixed-term imprisonments has the phase empty Punishment prison term summation * 0.3 (10)；

(3) when being more than or equal to 240 in the 3rd concurrence measurement of penalty time limit being calculated, the 3rd concurrence measurement of penalty time limit was arranged to 240；

(4) the 4th concurrence measurement of penalty time limit of detention is calculated by below equation (11)：

The 0.7+ detention prison terms in time limit maximum * of principal penalty in the measurement of penalty result of 4th concurrence measurement of penalty time limit=multiple detentions are total With * 0.3 (11)；

(5) when being more than or equal to 12 in the 4th concurrence measurement of penalty time limit being calculated, the 4th concurrence measurement of penalty time limit was arranged to 12；

(6) the 5th concurrence measurement of penalty time limit of control is calculated by below equation (12)：

The 0.7+ control prison terms in time limit maximum * of principal penalty in the measurement of penalty result of 5th concurrence measurement of penalty time limit=multiple control are total With * 0.3 (12)；

(7) when being more than or equal to 36 in the 5th concurrence measurement of penalty time limit being calculated, the 5th concurrence measurement of penalty time limit was arranged to 36。

6th kind of situation：The measurement of penalty result of multiple crimes is detention, and number is determined by following steps (1) to step (3) The concurrence measurement of penalty time limit of guilty concurrence：

(1) when the measurement of penalty result of multiple crimes is detention, to the time limit of the principal penalty in the measurement of penalty result of multiple crimes Added up, obtain the 3rd prison term summation；

(2) the 6th concurrence measurement of penalty time limit of detention is calculated by below equation (13)：

The 3rd prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of 6th concurrence measurement of penalty time limit=multiple detentions are total With * 0.3 (13)；

(3) when being more than or equal to 12 in the 6th concurrence measurement of penalty time limit being calculated, the 6th concurrence measurement of penalty time limit was arranged to 12。

7th kind of situation：The measurement of penalty result of multiple crimes is control, and number is determined by following steps (1) to step (3) The concurrence measurement of penalty time limit of guilty concurrence：

(1) when the measurement of penalty result of multiple crimes is control, to the time limit of the principal penalty in the measurement of penalty result of multiple crimes Added up, obtain the 4th prison term summation；

(2) the 7th concurrence measurement of penalty time limit of detention is calculated by below equation (14)：

The 4th prison terms of 0.7+ time limit maximum * of principal penalty in the measurement of penalty result of 7th concurrence measurement of penalty time limit=multiple control are total With * 0.3 (14)；

(3) when being more than or equal to 36 in the 7th concurrence measurement of penalty time limit being calculated, the 7th concurrence measurement of penalty time limit was arranged to 36。

After the concurrence measurement of penalty time limit of concurrence of offences is determined by above-mentioned seven kinds of situations, it is true following steps can be continued through Determine the accessary penalty of concurrence of offences：

The accessary penalty of each measurement of penalty result in the measurement of penalty result of multiple crimes is obtained respectively, to penalizing in the accessary penalty that gets Golden number amount is added up, and obtains concurrence fine quantity, and the time limit of the deprivation of political rights in the accessary penalty to getting is carried out It is cumulative, the concurrence deprivation of political rights time limit is obtained, so as to obtain the measurement of penalty result of multiple crime concurrences of offences.

The measurement of penalty result of above-mentioned multiple crime concurrences of offences, including：Concurrence measurement of penalty time limit, concurrence fine quantity and concurrence Deprive of political rights the time limit.

When description more than can be seen that the single guilty measurement of penalty of progress and concurrence of offences, by default formula and above-mentioned Technological means, principal penalty is quantized calculating, make System of Logic more scientificization of punishment, with the prison term of the principal penalty of determination and principal penalty Lattice, such as single (simultaneously) place is deprived of political rights, confiscated property calculating accessary penalty, list (simultaneously) is fined, and is more embodied crime and is adapted Principle, further increase the accuracy rate of the measurement of penalty.

The law term occurred in above-described embodiment is further explained：

Above-mentioned guilty class：That is category accusation, China《Criminal law》In category accusation be carried out using the similar object of crime as standard it is general Include, share 10 category accusations.That is crime of jeopardizing state security, crime against public security, socialist market economy order is destroyed Crime, infringement citizen personal right, crimes against the right of person and the democratic rights of citizens, crime against property, crime against social administration, crime of jeopardizing interests of national defense, Bribery and corruption crimes, malfeasance, military crime.

Above-mentioned charge：Charge only refers to concrete accusation.Charge is the title or appellation of crime, be to crime substantive characteristics or The high level overview of person's principal character, China share 468 charges at present.

Above-mentioned principal penalty：It is the main punishment being applicable offender, it can only be independently operated, mutually to add and be applicable. Principal penalty is divided into following five kinds:Control, detention, fixed-term imprisonment, life imprisonment and death penalty etc..

Above-mentioned accessary penalty：Refer to penal provision, the applicable punishment method of supplement principal penalty.It is characterized in independently fitting With can also add applicable.Accessary penalty includes：(1) fine；(2) deprive of political rights；(3) confiscate property；(4) evict out of Border.

Above-mentioned quantity plot increases table：Record in process of commission of crime for being related to the further thin of quantity description in true plot Change.Such as the plot 1 of robbery crime：Register one's residence robbery；The wherein robbery of registering one's residence of plot 1 is shown as every increase in quantity plot and robbed for 1 time Robbing increases basic punishment 3 years (36 months).

Above-mentioned true plot increase table：Record in process of commission of crime and be related to other things outside quantity description for true plot The detailed description of truth section.Such as the plot 1 of robbery crime：Register one's residence robbery；Wherein plot 1 is registered one's residence to plunder and shown in true plot For whether armed robbery, select armed robbery plot after armed robbery increase basis punishment 10%.

Above-mentioned relocation table：Regulation plot (law plot) in criminal law general provisions is such as confessed one's crime, rendered meritorious service, instigates plot to working as The amplitude record that the preceding benchmark punishment obtained by true plot is adjusted is in the table.It is floating that wherein general provisions, which are floated with a crime floating, Two class forms in dynamic table.It is that Supreme People's Court's measurement of penalty instruction is distinctly claimed benchmark punishment is corrected in advance that general provisions, which are floated, Index.

Description more than is as can be seen that the measurement of penalty method that the present embodiment proposes, has the characteristics that：

First, for the measurement of penalty of suspicion of crime criminal single count or several offences, first since single count, inputted according to user Charge, found out from database and show it is all about this it is guilty the fact plot, by importer select suspect most The crime fact being consistent.Software determines the guilty measurement of penalty lattice according to all true plots.

2nd, it is true according to plot table or certain algorithm according to this guilty constitutive elements of crime and true plot after determining punishment lattice The fixed crime plays punishment point.On the basis of punishment point is played, each true plot is handled, processing method there are two kinds, first, increasing Amount processing, i.e., often increase or decrease a certain amount, carries out increasing or decreasing certain value to playing punishment point；Second, ratio is handled, i.e., There is the true plot, then carry out a certain proportion of increase and decrease to playing punishment point.After being disposed to all true plots, must there emerged a guilty base Quasi- punishment.

3rd, the regulation in criminal law general provisions, with reference to suspect in case specific law plot such as：Subject of crime Capacity for responsibility plot (including minor, mental patient, disabled person etc.), crime stop form plot (including crime in preparation, in Only, it is not accomplished etc.), joint crime plot (including accessory, abettor etc.), exclude the crime origin of an incident excessive plot (including defend improperly, Excessive necessity etc.), the mode according to certain proportion regulation is adjusted, and draws the punishment of general provisions basis.

4th, according to the law plot in terms of the subjective culpability of the mind of suspect before and after the regulation of criminal law general provisions and crime, before crime Show show after plot (including recidivist, previous conviction etc.), crime plot (including confess one's crime, render meritorious service, confess) and other plots (including Voluntarily plead guilty, victim's fault, give up ill-gotten gains and pay compensation for) increase and decrease regulation is carried out to mode of the general provisions basis punishment according to proportion adjustment, obtain There emerged a guilty floating punishment.

If the 5, suspect there are other crime facts, other charges are offended, a crime for the crime is drawn according to preceding four step Floating punishment, the individual guilty floating punishment that all crimes of suspect are drawn, the rule (criminal law the 69th according to concurrence of offences The regulation of bar) concurrence of offences is carried out, the declaratory penalty of the whole case is drawn, is supplied into square reference.The features of the present invention：It can not only calculate The prison term of principal penalty, moreover it is possible to according to the requirement of the Specific Provisions of Criminal Law, active judgement is carried out to the accessary penalty of crime and proposes handling suggestion.

Embodiment 2

The present embodiment proposes a kind of measurement of penalty device, for performing the measurement of penalty method in above-described embodiment 1.

The structural representation of measurement of penalty device shown in Figure 4, the present embodiment propose a kind of measurement of penalty device, including：

Acquisition module 400, for obtaining the measurement of penalty request instruction of user's triggering, above-mentioned measurement of penalty request instruction includes：Crime Guilty class, charge and plot；

Processing module 402, for determining the principal penalty of crime according to above-mentioned guilty class, above-mentioned charge and above-mentioned plot and adding Punishment；

Display module 404, for the above-mentioned principal penalty of determination and accessary penalty to be showed into user as the measurement of penalty result of crime.

In summary, measurement of penalty device provided in an embodiment of the present invention, the measurement of penalty request instruction triggered by user include Crime guilty class, charge and plot determine crime principal penalty and accessary penalty, with correlation technique in can only the artificial subjectivity amount of progress Punishment is compared so that the process of the measurement of penalty is as far as possible objective, avoids accomplice difference from sentencing, and makes the measurement of penalty more just and balanced；It is applicable not only to People's court's punishment measurement of penalty, realize measurement of penalty balance, equilibrium and prevent measurement of penalty deviation, be also applied for people's procuratorate's public prosecution, the people Public security investigates and handled a case and lawyer, law institute, Law institute Students ' Learning and application, using simple extensive.

The computer program product for the progress measurement of penalty method that the embodiment of the present invention is provided, including store program code Computer-readable recording medium, the instruction that described program code includes can be used for performing the side described in previous methods embodiment Method, specific implementation can be found in embodiment of the method, will not be repeated here.

The foregoing is only a specific embodiment of the invention, but protection scope of the present invention is not limited thereto, any Those familiar with the art the invention discloses technical scope in, change or replacement can be readily occurred in, should all be contained Cover within protection scope of the present invention.Therefore, protection scope of the present invention described should be defined by scope of the claims.

Claims (10)

1. A kind of 1. measurement of penalty method, it is characterised in that including：

   The measurement of penalty request instruction of user's triggering is obtained, the measurement of penalty request instruction includes：Guilty class, charge and the plot of crime；

   Principal penalty and the accessary penalty of crime are determined according to the guilty class, the charge and the plot；

   The principal penalty of determination and accessary penalty are showed into user as the measurement of penalty result of crime.
2. 2. according to the method for claim 1, it is characterised in that determined according to the guilty class, the charge and the plot The principal penalty of crime and accessary penalty, including：

   Punishment lattice corresponding to the plot of user's determination are inquired from default basic plot table, the basic plot table includes：Crime Class, charge, plot, punishment lattice, the corresponding relation for playing punishment point and fine scope；

   When user determines to have the three unities, punishment lattice corresponding to the plot of user's determination are determined as principal penalty lattice, and by user Plot plays punishment point as a finally punishment point；

   When user determines there are multiple plots, the highest punishment lattice in punishment lattice corresponding to multiple plots that user determines are obtained as master Punishment lattice；

   The punishment point that rises for meeting the plot of principal penalty lattice in multiple plots that user is determined is added up, and obtains accumulation result；When tired When adding the result to be more than the punishment lattice higher limit of the principal penalty lattice, using the punishment lattice higher limit of the principal penalty lattice as final punishment point；

   When accumulation result is less than or equal to the punishment lattice higher limit of the principal penalty lattice, by result of the punishment lattice corresponding to each plot after cumulative As a finally punishment point；

   When a punishment point for the plot that user determines is 0, punishment point has been determined by following calculation formula (1)：

   Play punishment point=punishment lattice lower limit * 0.8+ punishment lattice higher limit * 0.2 (1)

   Revised to finally playing punishment point, obtain benchmark punishment；

   Benchmark punishment is adjusted, obtains the prison term of crime；

   Prison term according to obtaining determines the principal penalty of crime；

   Determine the fine quantity in accessary penalty and the time limit of deprivation of political rights.
3. 3. according to the method for claim 2, it is characterised in that revised to playing punishment point, obtain benchmark punishment, including：

   Quantity plot increase table corresponding with the plot and true plot increase table are obtained, and the quantity plot is increased into table User is showed with the true plot increase table so that user selects the quantity of crime from the quantity plot increase table Plot, and it is engaged in the fact that select crime in truth section increase table plot；

   Determine to increase with the quantity of user's selection in the mapping table of punishment point revision value with from default quantity increase plot Add the first punishment point revision value corresponding to plot；

   The fact that increase plot is determined and selected with user in the mapping table of punishment point revision value with from the fact default increases Add second punishment point revision value corresponding to plot；

   According to the first punishment point revision value determined and second punishment point revision value, described punishment point is revised, obtained Benchmark punishment.
4. 4. according to the method for claim 3, it is characterised in that benchmark punishment is adjusted, obtains the prison term of crime, is wrapped Include：

   General provisions floating index list corresponding to above-mentioned charge and a guilty floating index list are obtained from default relocation table, will be upper State general provisions floating index list and above-mentioned guilty floating index list shows user so that user is from general provisions floating index list The middle selection general provisions floating index related to crime, and select crime related to crime to float from individual guilty floating index list Index, wherein, above-mentioned general provisions floating index, including：Crime stops form law plot, joint crime law plot, the criminal of exclusion The excessive law plot of the guilty origin of an incident and capacity for responsibility law plot；Individual guilty floating index, including：Performance law plot, crime before guilty Law plot and other law plots are showed afterwards；The relocation table includes：In general provisions floating index and a guilty floating index The corresponding relation of each law plot and floating principle, the floating principle, including：From weight principle, the principle of lighter punishment, mitigate principle and Exempt principle；

   The corresponding relation of each law plot and floating principle in general provisions floating index and a guilty floating index, determines user Floating principle corresponding to selected general provisions floating index and/or individual guilty floating index；

   Benchmark punishment is adjusted corresponding to floating principle corresponding to general provisions floating index according to selected by user, obtains general provisions base Plinth punishment, and floating principle corresponding to the individual guilty floating index according to selected by user is adjusted to the punishment of general provisions basis, obtains crime Prison term.
5. 5. according to the method for claim 4, it is characterised in that the prison term according to obtaining determines the principal penalty of crime, including：

   If the prison term is more than or equal to 312, it is determined that the principal penalty of crime is death penalty；

   If the prison term is more than 180 and less than 312, it is determined that the principal penalty of crime is life imprisonment；

   If the prison term is more than or equal to 6 and less than or equal to 180, it is determined that the principal penalty of crime is fixed-term imprisonment；

   If the prison term is more than or equal to 1 and less than 6, it is determined that the principal penalty of crime is detention；

   If the prison term is more than or equal to 0.3 and less than 1, it is determined that principal penalty is control, and determines the control phase by equation 2 below Limit：

   The control time limit=(playing punishment point -0.2) * 30 (2)

   If the prison term is less than 0.3, it is determined that principal penalty is to remit a punishment.
6. 6. according to the method for claim 5, it is characterised in that the fine quantity in accessary penalty is determined, including：

   The description information of charge selected by user is obtained from default charge table；

   Judge whether there is " singly fining " or " and fining " field in the description information of charge selected by user；

   Judge user whether select with exempt principle either mitigates principle general provisions floating index or with release principle or Person mitigates the individual guilty floating index of principle；

   If it is determined that there is " singly fining " field, prison term in minimum punishment lattice in description information of the charge selected by user in charge table Lower limit below and relocation table in the charge law plot in without exempt principle, then determine fine according to below equation (3) Quantity P_dg：

   P_dg=(P2-P1) * (X_JZ-A)/(B-A)+P1 (3)

   If it is determined that there is the charge in " and fining " field, relocation table in description information of the charge selected by user in charge table Law plot in include and mitigate principle and prison term under principal penalty lattice, then determine fine quantity according to below equation (4) P_dg：

   P_dg=[(P2-P1) * (X_dg-A)/(B-A)+P1]*X_dg/X_qd (4)

   If it is determined that there is " and fining " field and prison term in principal penalty lattice in description information of the charge selected by user in charge table Within when, determine fine quantity P according to below equation (5)_dg：

   P_dg=(P2-P1) * (X_dg-A)/(B-A)+P1 (5)

   Wherein, P1 represents the plot punishment amount of money upper limit, and P2 represents plot punishment amount of money lower limit, X_JZBenchmark punishment is represented, A represents principal penalty The punishment lattice higher limit of lattice, B represent the punishment lattice lower limit of principal penalty lattice, X_dgRepresent the prison term of principal penalty, X_qdPunishment point is represented.
7. 7. according to the method for claim 6, it is characterised in that determine the time limit of the deprivation of political rights in accessary penalty, wrap Include：

   When the prison term of principal penalty being more than 180, it is determined that the time limit of deprivation of political rights is " additional deprival of political right for life "；

   When the prison term of principal penalty be more than or equal to 168 and guilty class be crime of jeopardizing state security or principal penalty prison term be more than or equal to 168 and Charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, it is determined that depriving political affairs The time limit of governmental power profit is " deprivation of political rights 5 years "；

   When the prison term of principal penalty be more than or equal to 144 and guilty class be crime of jeopardizing state security or principal penalty prison term be more than or equal to 144 and Charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, it is determined that depriving political affairs The time limit of governmental power profit is " additional deprivation of political rights 4 years "；

   When the prison term of principal penalty be more than or equal to 120 and guilty class be crime of jeopardizing state security or principal penalty prison term be more than or equal to 120 and Charge is " intentional murder ", " raping ", " setting fire ", " blast ", " dispensing dangerous substance ", " robbery " a period of time, it is determined that depriving political affairs The time limit of governmental power profit is " additional deprivation of political rights 3 years "；

   When the prison term of principal penalty is more than or equal to 96 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights is " additional deprivation of political rights 3 years "；

   When the prison term of principal penalty is more than or equal to 48 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights is " additional deprivation of political rights 2 years "；

   When the prison term of principal penalty is more than or equal to 1 and guilty class is crime of jeopardizing state security, it is determined that the time limit of deprivation of political rights is " attached Add deprivation of political rights 1 year "；

   When the prison term of principal penalty is more than or equal to 0.3 and guilty class is crime of jeopardizing state security, the control time limit is defined as depriving politics The time limit of right；

   When the prison term of principal penalty be less than 0.3 and guilty class be description of the charge in charge table selected by crime of jeopardizing state security or user When containing the field of " depriving political right " in information, it is determined that the time limit of deprivation of political rights is " deprivation of political rights one at single Year ".
8. 8. according to the method for claim 2, it is characterised in that methods described also includes：

   When user triggers newly-increased charge instruction, charge and measurement of penalty result to the crime of the measurement of penalty store, and obtain Guilty class, charge and the plot for the crime that user determines again；

   Guilty class, charge and the plot of the crime determined again according to user are handled, and obtain the crime that user determines again Measurement of penalty result；

   When the measurement of penalty result with multiple crimes, the concurrence of offences measurement of penalty instruction of monitoring user's triggering, the concurrence of offences amount Punishment instruction includes user and determines to need to carry out the measurement of penalty result of multiple crimes of concurrence of offences；

   The measurement of penalty result of multiple crimes is handled, obtains the measurement of penalty result of multiple crime concurrences of offences.
9. 9. according to the method for claim 8, it is characterised in that the measurement of penalty result of multiple crimes is handled, obtained more The measurement of penalty result of individual crime concurrence of offences, including：

   When there is the principal penalty of measurement of penalty result to be death penalty in the measurement of penalty result of multiple crimes, by the measurement of penalty knot of multiple crime concurrences of offences Fruit is defined as death penalty；

   When there is the principal penalty of measurement of penalty result to be life imprisonment in the measurement of penalty result of multiple crimes, by the amount of multiple crime concurrences of offences Punishment result is defined as life imprisonment；

   When the measurement of penalty result of multiple crimes is fixed-term imprisonment, the time limit of the principal penalty in the measurement of penalty result of multiple crimes is carried out It is cumulative, obtain the first prison term summation；

   When the first prison term summation is less than 420, the first concurrence measurement of penalty phase by below equation (6) to multiple crime concurrences of offences Limit is calculated：

   0.7+ time limit maximum *, summation * the first prison term of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes 0.3 (6)

   When being more than or equal to 240 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was 240；

   When the first prison term summation is more than or equal to 420, the first concurrence amount by below equation (7) to multiple crime concurrences of offences Prison term limit is calculated：

   0.6+ time limit maximum *, summation * the first prison term of principal penalty in the measurement of penalty result of first concurrence measurement of penalty time limit=multiple crimes 0.4 (7)

   When being more than or equal to 300 in the first concurrence measurement of penalty time limit being calculated, the first concurrence measurement of penalty time limit was arranged to 300；

   When the measurement of penalty result of multiple crimes includes fixed-term imprisonment and detention, by the time limit of the principal penalty of fixed-term imprisonment and the master of detention The time limit of punishment is added, and obtains the second prison term summation；

   When the second prison term summation is less than 420, the second concurrence measurement of penalty phase by below equation (8) to multiple crime concurrences of offences Limit is calculated：

   0.7+ time limit maximum *, summation * the second prison term of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes 0.3 (8)

   When being more than or equal to 240 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was 240；

   When the second prison term summation is more than or equal to 420, the second concurrence amount by below equation (9) to multiple crime concurrences of offences Prison term limit is calculated：

   0.6+ time limit maximum *, summation * the second prison term of principal penalty in the measurement of penalty result of second concurrence measurement of penalty time limit=multiple crimes 0.4 (9)

   When being more than or equal to 300 in the second concurrence measurement of penalty time limit being calculated, the second concurrence measurement of penalty time limit was arranged to 300；

   When the measurement of penalty result of multiple crimes includes fixed-term imprisonment and control or detention and control, to measurement of penalty knot in multiple crimes Fruit is added up for the time limit of the principal penalty of fixed-term imprisonment, is obtained fixed-term imprisonment prison term summation, is to measurement of penalty result in multiple crimes The time limit of the principal penalty of detention is added up, and obtains detention prison term summation, and the principal penalty to measurement of penalty result in multiple crimes for control Time limit added up, obtain control prison term summation；

   The 3rd concurrence measurement of penalty time limit of fixed-term imprisonment is calculated by below equation (10)：

   The time limit maximum * 0.7+ fixed-term imprisonment punishment of principal penalty in the measurement of penalty result of 3rd concurrence measurement of penalty time limit=multiple fixed-term imprisonments Phase summation * 0.3 (10)

   When being more than or equal to 240 in the 3rd concurrence measurement of penalty time limit being calculated, the 3rd concurrence measurement of penalty time limit was arranged to 240；

   The 4th concurrence measurement of penalty time limit of detention is calculated by below equation (11)：

   0.7+ time limit maximum *, summation * detention prison term of principal penalty in the measurement of penalty result of 4th concurrence measurement of penalty time limit=multiple detentions 0.3 (11)

   When being more than or equal to 12 in the 4th concurrence measurement of penalty time limit being calculated, the 4th concurrence measurement of penalty time limit was arranged to 12；

   The 5th concurrence measurement of penalty time limit of control is calculated by below equation (12)：

   0.7+ time limit maximum *, summation * control prison term of principal penalty in the measurement of penalty result of 5th concurrence measurement of penalty time limit=multiple control 0.3 (12)

   When being more than or equal to 36 in the 5th concurrence measurement of penalty time limit being calculated, the 5th concurrence measurement of penalty time limit was arranged to 36；

   When the measurement of penalty result of multiple crimes is detention, the time limit of the principal penalty in the measurement of penalty result of multiple crimes is tired out Add, obtain the 3rd prison term summation；

   The 6th concurrence measurement of penalty time limit of detention is calculated by below equation (13)：

   0.7+ time limit maximum *, the summation * the 3rd prison term of principal penalty in the measurement of penalty result of 6th concurrence measurement of penalty time limit=multiple detentions 0.3 (13)

   When being more than or equal to 12 in the 6th concurrence measurement of penalty time limit being calculated, the 6th concurrence measurement of penalty time limit was arranged to 12；

   When the measurement of penalty result of multiple crimes is control, the time limit of the principal penalty in the measurement of penalty result of multiple crimes is tired out Add, obtain the 4th prison term summation；

   The 7th concurrence measurement of penalty time limit of detention is calculated by below equation (14)：

   0.7+ time limit maximum *, the summation * the 4th prison term of principal penalty in the measurement of penalty result of 7th concurrence measurement of penalty time limit=multiple control 0.3 (14)

   When being more than or equal to 36 in the 7th concurrence measurement of penalty time limit being calculated, the 7th concurrence measurement of penalty time limit was arranged to 36；

   The accessary penalty of each measurement of penalty result in the measurement of penalty result of multiple crimes is obtained respectively, to the fine number in the accessary penalty that gets Amount is added up, and obtains concurrence fine quantity, and the time limit of the deprivation of political rights in the accessary penalty to getting adds up, The concurrence deprivation of political rights time limit is obtained, so as to obtain the measurement of penalty result of multiple crime concurrences of offences.
10. A kind of 10. measurement of penalty device, it is characterised in that including：

    Acquisition module, for obtaining the measurement of penalty request instruction of user's triggering, the measurement of penalty request instruction includes：The guilty class of crime, Charge and plot；

    Processing module, for determining principal penalty and the accessary penalty of crime according to the guilty class, the charge and the plot；

    Display module, for the principal penalty of determination and accessary penalty to be showed into user as the measurement of penalty result of crime.