CN108460025A - Criminal case automates measurement of penalty method, apparatus and computer readable storage medium - Google Patents
Criminal case automates measurement of penalty method, apparatus and computer readable storage medium Download PDFInfo
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Abstract
The present invention discloses a kind of criminal case automation measurement of penalty method, apparatus and computer readable storage medium, and wherein criminal case automation measurement of penalty method includes reading the fundamental of case；Access rear end calculation server；Starting point punishment data information is calculated and determined；Determine benchmark punishment data information；Determine that benchmark punishment adjusts data information；It analyzes and recommendation is provided；Measurement of penalty recommended value is calculated by recommendation or modified recommendation according to default calculation formula.The automatic measurement of penalty of the auxiliary measurement of penalty and lawyer, general public criminal case to judicial authority's criminal case can be achieved in the present invention, and using more convenient, method more meets the legal requirements, and improves the accuracy of the measurement of penalty.
Description
Technical field
The present invention relates to criminal cases to automate measurement of penalty technical field, more particularly to a kind of criminal case automates measurement of penalty side
Method, device and computer readable storage medium.
Background technology
Include scheme one for the scheme of the criminal case measurement of penalty at present：User selects system recommendation (all or part of sieve
Row) law article, fill in relevant value and then system according to user select add and subtract；Scheme two：It is done according to the regulation of each province's detailed rules and regulations
Customized development, system user input element (the crime fact, plot) system of realization is added and subtracted automatically, when there is law adjustment,
Or it when being applied to other different detailed rules and regulations, needs to do customized development；Scheme three：The determination base arranged according to criminal law or judicial explanation
Quasi- punishment range, system automatically exit from benchmark punishment or floating punishment according to the fact input by user, then according to the analysis of big data (from
Analyzed in a large amount of court verdicts, obtain accepted value) it determines penalty range or is selected to determine penalty range according to user；
But each province has put into effect detailed rules for the implementation to common charge at present, have specific measurement of penalty range, plus-minus value agreement and
Measurement of penalty step, extensive style only determine benchmark punishment (criminal law or instruction define the relatively thick fix punishment amount of penalizing really and arrange), cannot
The measurement of penalty for meeting judge, public procurator, public security, lawyer and the common people calculates demand；And the measurement of penalty obtained in the way of big data analysis
As a result with less referential, because various regions detailed rules and regulations are different, the detailed rules and regulations regulation of different times is also different, clear data
Analysis do not have accuracy (accuracy not can not calculate with finger calculated with normal logic it is identical as a result, but calculating process
Be unable to undergo rigorous deliberation), caused with this it is inconvenient for use, the penalty range obtained also not enough precisely.
Invention content
The main object of the present invention is to provide a kind of criminal case automation measurement of penalty method, it is intended to can be achieved to criminal case
The automatic measurement of penalty, when in face of detailed rules and regulations adjustment can under not opening status fast adaptation, while realizing the arithmetic logic of all users
Unanimously (note：Chosen without each numerical value described in prescription 1 to 5 consistent), allow use being more convenient, and improve the accurate of the measurement of penalty
Property.
To achieve the above object, the present invention proposes that a kind of criminal case automates measurement of penalty method, criminal case automation
Measurement of penalty method includes the following steps：
Read the fundamental of case；
Access rear end calculation server；
Starting point punishment data information is calculated and determined；
Determine benchmark punishment data information；
Determine that benchmark punishment adjusts data information；
It analyzes and recommendation is provided；
Measurement of penalty recommended value is calculated by recommendation or modified recommendation according to default calculation formula.
Preferably, the step of fundamental for reading case, specifically includes following steps：
It executes the fundamental information of acquisition case and/or receives the fundamental information of case；
The conversion of element is carried out by the data of setting, forms measurement of penalty basic factors；
The measurement of penalty basic factors information for sending case gives rear end calculation server.
Preferably, the step of starting point punishment data information is calculated and determined specifically includes following steps：
The corresponding law article of parsing；
Data configuration and operation are carried out according to the determination starting point punishment regulation in law article；
According to mathematical operation, satisfaction can be related to, priority relationship calculates starting point punishment data information automatically.
Preferably, the step of determining benchmark punishment data information specifically includes following steps：
The corresponding law article of parsing；
The filtering of measurement of penalty element is carried out according to the service condition of measurement of penalty element during determining starting point punishment；
Plot group is divided according to the similar specific plot element of attribute；
It can be related to according to mathematical operation, priority relationship, satisfaction, pick out relationship, subordinate relation, satisfaction i.e. after use
Merge composition of relations into operation rule, automatically derived benchmark punishment data information.
Preferably, determine that the step of benchmark punishment adjusts data information specifically includes following steps：
The corresponding law article of parsing；
Plot group is divided according to the similar specific plot element of attribute；
Mutual exclusion plot group is divided according to the specific plot element that attribute repels each other；
Complementary plot group is divided according to the specific plot element of attribute complementation；
It can be related to according to mathematical operation, satisfaction, relationship is picked out after use, subordinate relation, meets i.e. merging relationship group
It is combined into operation rule, automatically derived benchmark punishment adjusts data information.
Preferably, the step of parsing corresponding law article specifically includes following steps：
It is true element, plot element and supplement plot element to divide law article；
Increase corresponding attribute in true element, plot element, supplement plot element.
Preferably, the specific plot element information includes amount information, number information, severity information, grade letter
Breath, quantity information and identification degree information of a serious nature and/or the attribute include title, abbreviation, story types, plot use
On the way, adjustment direction, applicable sequence, the applicable reprieve.
Preferably, the fundamental of case includes the fact that element and plot element and/or the default calculation formula are each
Corresponding formula in province measurement of penalty standardization instruction
The present invention also proposes that a kind of criminal case automation measurement of penalty device, the criminal case automate measurement of penalty device packet
It includes：Memory, processor and the criminal case automation amount that is stored on the memory and can run on the processor
Punishment program, wherein：
The criminal case automation measurement of penalty program realizes criminal case as described above when being executed by the processor
The step of automating measurement of penalty method.
The present invention also proposes a kind of computer readable storage medium, is stored on the computer readable storage medium criminal
Case automates measurement of penalty program, and the criminal case automation measurement of penalty program realizes punishment as described above when being executed by processor
Thing case automates the step of measurement of penalty method..
The fundamental that technical solution of the present invention passes through reading case；Access rear end calculation server；It is calculated and determined out
Starting point punishment data information, benchmark punishment data information, benchmark punishment adjust data information；It analyzes and recommendation is provided；According to pre-designed
It calculates formula and measurement of penalty recommended value is calculated by recommendation or modified recommendation, can be realized to criminal case automatic measuring with this
Punishment, when in face of detailed rules and regulations adjustment can under not opening status fast adaptation, while realizing that the arithmetic logic of all users is consistent, allow
Using more convenient, and improve the accuracy of the measurement of penalty.
Description of the drawings
In order to more clearly explain the embodiment of the invention or the technical proposal in the existing technology, to embodiment or will show below
There is attached drawing needed in technology description to be briefly described, it should be apparent that, the accompanying drawings in the following description is only this
Some embodiments of invention for those of ordinary skill in the art without creative efforts, can be with
The structure shown according to these attached drawings obtains other attached drawings.
Fig. 1 is the flowage structure schematic diagram that criminal case of the present invention automates one embodiment of measurement of penalty method；
Fig. 2 is the refinement flowage structure schematic diagram for the step S10 that Fig. 1 criminal cases automate measurement of penalty method；
Fig. 3 is the refinement flowage structure schematic diagram for the step S30 that Fig. 1 criminal cases automate measurement of penalty method；
Fig. 4 is the refinement flowage structure schematic diagram for the step S40 that Fig. 1 criminal cases automate measurement of penalty method；
Fig. 5 is the refinement flowage structure schematic diagram for the step S50 that Fig. 1 criminal cases automate measurement of penalty method；
Fig. 6 is that the criminal case of Fig. 3/Fig. 4/Fig. 5 automates the refinement stream of step S31/S41/S51 corresponding to measurement of penalty method
Journey structural schematic diagram.
The embodiments will be further described with reference to the accompanying drawings for the realization, the function and the advantages of the object of the present invention.
Specific implementation mode
Following will be combined with the drawings in the embodiments of the present invention, and technical solution in the embodiment of the present invention carries out clear, complete
Site preparation describes, it is clear that described embodiment is only a part of the embodiment of the present invention, instead of all the embodiments.Base
Embodiment in the present invention, those of ordinary skill in the art obtained without creative efforts it is all its
His embodiment, shall fall within the protection scope of the present invention.
It is to be appreciated that the directional instruction (such as up, down, left, right, before and after ...) of institute is only used in the embodiment of the present invention
In explaining relative position relation, motion conditions etc. under a certain particular pose (as shown in the picture) between each component, if should
When particular pose changes, then directionality instruction also correspondingly changes correspondingly.
In the present invention unless specifically defined or limited otherwise, term " connection ", " fixation " etc. shall be understood in a broad sense,
For example, " fixation " may be a fixed connection, it may be a detachable connection, or integral；It can be mechanical connection, can also be
Electrical connection；It can be directly connected, can also can be indirectly connected through an intermediary the connection inside two elements or two
The interaction relationship of a element, unless otherwise restricted clearly.It for the ordinary skill in the art, can basis
Concrete condition understands the concrete meaning of above-mentioned term in the present invention.
In addition, the description for being such as related to " first ", " second " in the present invention is used for description purposes only, and should not be understood as
It indicates or implies its relative importance or implicitly indicate the quantity of indicated technical characteristic.Define as a result, " first ",
The feature of " second " can explicitly or implicitly include at least one of the features.In addition, the technical side between each embodiment
Case can be combined with each other, but must can be implemented as basis with those of ordinary skill in the art, when the combination of technical solution
Conflicting or cannot achieve when occur will be understood that the combination of this technical solution is not present, also not the present invention claims guarantor
Within the scope of shield.
The present invention proposes that a kind of criminal case automates measurement of penalty device.The criminal case automates measurement of penalty device
The movable equipments such as mobile phone, smart phone, laptop, PAD (tablet computer), and such as desktop computer, clothes
The fixed terminals such as business device.Criminal case automation measurement of penalty device includes memory, processor and is stored in the memory
Criminal case automation measurement of penalty program that is upper and can running on the processor.
Wherein, the memory includes at least a type of readable storage medium storing program for executing, is installed on for storage described criminal
Case automates the operating system and types of applications software of measurement of penalty device, such as the program generation of criminal case automation measurement of penalty program
Code etc..In addition, the memory can be also used for temporarily storing the Various types of data that has exported or will export.
The processor can be in some embodiments central processing unit (Central Processing Unit,
CPU), controller, microcontroller, microprocessor or other data processing chips.The processor is described criminal commonly used in controlling
Case automates the overall operation of measurement of penalty device.In the present embodiment, the processor is used to run to store in the memory
Program code or processing data, such as run the criminal case automation measurement of penalty program etc..
Referring to Fig.1, in an embodiment of the present invention, criminal case automation measurement of penalty method includes the following steps：
S10：Read the fundamental of case；
S20：Access rear end calculation server；
S30：Starting point punishment data information is calculated and determined；
S40：Determine benchmark punishment data information；
S50：Determine that benchmark punishment adjusts data information；
S60：It analyzes and recommendation is provided；
S70：Measurement of penalty recommended value is calculated by recommendation or modified recommendation according to default calculation formula.
The fundamental of above-mentioned case includes the fact that element and plot element.The fundamental of the case can pass through voice
Or the input of the input tools such as keyboard, or the crawl pair on network or in document automatically of measurement of penalty device is automated by criminal case
The fundamental for the case answered；Rear end calculation server therein is alternatively cloud server, with easy to use；Rear end therein
How the fundamental that calculation server can calculate the case of input automatically should execute in corresponding law article, so that it is determined that
Go out starting point punishment data information, benchmark punishment data information, benchmark punishment adjusting data information；Further, believe in starting point punishment data
It, can be by input tool to each number in the step for each determination that breath, benchmark punishment data information, benchmark punishment adjust data information
It is believed that breath carries out adaptation adjusting, and adjust in the rational threshold range of setting.Then through rear end computational service
Device provides a recommendation by analyzing starting point punishment data information, benchmark punishment data information, benchmark punishment adjusting data information, this is pushed away
It can be one or more occurrences or a value range to recommend value, and the recommendation can by input tool setting conjunction
It modifies in the threshold range of reason, finally further according to default calculation formula, after recommendation or modified recommendation are substituted into,
Automatically measurement of penalty recommended value is calculated.The wherein described pre-designed calculation formula is corresponding public affairs in each province measurement of penalty standardization instruction
Formula.Since calculation formula has measurement of penalty standardization instruction regulation, each province to have little discrimination, it is possible to provide an each province is corresponding default
Calculation formula database calculates measurement of penalty recommended value by the default calculation formula in the corresponding province of selection, so as to finally obtain
As a result more precisely, using more convenient.
The fundamental that technical solution of the present invention passes through reading case；Access rear end calculation server；It is calculated and determined out
Starting point punishment data information, benchmark punishment data information, benchmark punishment adjust data information；It analyzes and recommendation is provided；According to pre-designed
It calculates formula and measurement of penalty recommended value is calculated by recommendation or modified recommendation, can be realized to criminal case automatic measuring with this
Punishment, when in face of detailed rules and regulations adjustment can under not opening status fast adaptation, while realizing that the arithmetic logic of all users is consistent, allow
Using more convenient, and improve the accuracy of the measurement of penalty.
Further, with reference to Fig. 2, S10：The step of fundamental for reading case, specifically includes following steps：
S11：It executes the fundamental information of acquisition case and/or receives the fundamental information of case；
S12：The conversion of element is carried out by the data of setting, forms measurement of penalty basic factors；
S13：The measurement of penalty basic factors information for sending case gives rear end calculation server.
Specifically, the fundamental information that automatic collection case can be carried out by document or network, is connect by input equipment
It receives and acquires corresponding fundamental information, in the process, also can manually be mended by the fundamental information to case
It fills, it, can direct or reception after the completion of the fundamental information for collecting case further to improve the fundamental information of case
It is sent to rear end calculation server after executing instruction and carries out analyzing processing.
Preferably, with reference to Fig. 3, S30：The step of starting point punishment data information is calculated and determined specifically includes following steps：
S31：The corresponding law article of parsing；
S32：Data configuration and operation are carried out according to the determination starting point punishment regulation in law article；
S33：According to mathematical operation, satisfaction can be related to, priority relationship calculates starting point punishment data information automatically.
With reference to Fig. 4, S40：The step of determining benchmark punishment data information specifically includes following steps：
S41：The corresponding law article of parsing；
S42：The filtering of measurement of penalty element is carried out according to the service condition of measurement of penalty element during determining starting point punishment；
S43：Plot group is divided according to the similar specific plot element of attribute；
S44：It can be related to according to mathematical operation, priority relationship, satisfaction, relationship is picked out after use, subordinate relation, is expired
Foot merges composition of relations into operation rule, automatically derived benchmark punishment data information.
With reference to Fig. 5, S50：Determine that the step of benchmark punishment adjusts data information specifically includes following steps：
S51：The corresponding law article of parsing；
S52：Plot group is divided according to the similar specific plot element of attribute；
S53：Mutual exclusion plot group is divided according to the specific plot element that attribute repels each other；
S54：Complementary plot group is divided according to the specific plot element of attribute complementation；
S55：It can be related to according to mathematical operation, satisfaction, relationship, subordinate relation are picked out after use, meet to merge and close
System is combined as operation rule, and automatically derived benchmark punishment adjusts data information.
Specifically, law article is dissected into a variety of elements, with reference to Fig. 6, S81：Divide law article be true element, plot element,
And supplement plot element；S82：Increase corresponding attribute in true element, plot element, supplement plot element.Institute therein
Attribute is stated to include title, abbreviation, story types, plot purposes, adjustment direction, be applicable in sequence, be applicable in the reprieve.The specific plot
Element information may include swindling amount information and assert degree information of a serious nature.Plot group therein is by the similar spy of attribute
Section element of pledging love is put into a group, is uniformly processed in calculating process；Operation rule therein includes plus-minus relationship including closes
System, satisfaction can be related to, priority relationship, use i.e. rejecting relationship etc.；It is described according to law article, combines above-mentioned be defined
Element and relationship form the model of perforation, make the model that can support any form of combination.
Operation node therein can also be selected according to starting point punishment, benchmark punishment, the adjusting of measurement of penalty plot, legally-prescribed punishment limitation etc.
It takes, operation rule therein, which may also include, has starting point punishment history value to compare, plot adjusts history value comparison, result of calculation history number
According to the combination than peer-to-peer information.With this by the complete fixed line of criminal case measurement of penalty flow, only to starting point punishment data information, base when use
The numerical value that quasi- punishment data information, benchmark punishment are adjusted in data information and recommendation carries out parametrization setting.It can accurately calculate
Go out measurement of penalty recommended value, so that it is used more convenient.
The foregoing is merely the preferred embodiment of the present invention, are not intended to limit the scope of the invention, every at this
Under the inventive concept of invention, using equivalent structure transformation made by description of the invention and accompanying drawing content, or directly/use indirectly
In the scope of patent protection that other related technical areas are included in the present invention.
Claims (10)
1. a kind of criminal case automates measurement of penalty method, which is characterized in that include the following steps：
Read the fundamental of case；
Access rear end calculation server；
Starting point punishment data information is calculated and determined；
Determine benchmark punishment data information；
Determine that benchmark punishment adjusts data information；
It analyzes and recommendation is provided；
Measurement of penalty recommended value is calculated by recommendation or modified recommendation according to default calculation formula.
2. criminal case as described in claim 1 automates measurement of penalty method, which is characterized in that read the fundamental of case
Step specifically includes following steps：
It executes the fundamental information of acquisition case and/or receives the fundamental information of case；
The conversion of element is carried out by the data of setting, forms measurement of penalty basic factors；
The measurement of penalty basic factors information for sending case gives rear end calculation server.
3. criminal case as described in claim 1 automates measurement of penalty method, which is characterized in that starting point punishment data are calculated and determined
The step of information, specifically includes following steps：
The corresponding law article of parsing；
Data configuration and operation are carried out according to the determination starting point punishment regulation in law article；
According to mathematical operation, satisfaction can be related to, priority relationship calculates starting point punishment data information automatically.
4. criminal case as described in claim 1 automates measurement of penalty method, which is characterized in that determine benchmark punishment data information
Step specifically includes following steps：
The corresponding law article of parsing；
The filtering of measurement of penalty element is carried out according to the service condition of measurement of penalty element during determining starting point punishment；
Plot group is divided according to the similar specific plot element of attribute；
It can be related to according to mathematical operation, priority relationship, satisfaction, relationship, subordinate relation are picked out after use, meets i.e. merging
Composition of relations is at operation rule, automatically derived benchmark punishment data information.
5. criminal case as described in claim 1 automates measurement of penalty method, which is characterized in that determine that benchmark punishment adjusts data letter
The step of breath, specifically includes following steps：
The corresponding law article of parsing；
Plot group is divided according to the similar specific plot element of attribute；
Mutual exclusion plot group is divided according to the specific plot element that attribute repels each other；
Complementary plot group is divided according to the specific plot element of attribute complementation；
It can be related to according to mathematical operation, satisfaction, relationship, subordinate relation are picked out after use, meeting i.e. merging composition of relations and being
Operation rule, automatically derived benchmark punishment adjust data information.
6. as claim 3 to 5 any one of them criminal case automates measurement of penalty method, which is characterized in that parsing correspondent method
The step of specifically include following steps：
It is true element, plot element and supplement plot element to divide law article；
Increase corresponding attribute in true element, plot element, supplement plot element.
7. criminal case as described in claim 4 or 5 automates measurement of penalty method, which is characterized in that the specific plot element
Information includes amount information, number information, severity information, class information, quantity information and assert degree letter of a serious nature
Breath and/or the attribute include title, abbreviation, story types, plot purposes, adjustment direction, are applicable in sequence, are applicable in the reprieve.
8. criminal case as described in claim 1 automates measurement of penalty method, which is characterized in that the fundamental of case includes thing
Real element and plot element and/or the default calculation formula are corresponding formula in each province measurement of penalty standardization instruction.
9. a kind of criminal case automates measurement of penalty device, which is characterized in that the criminal case automates measurement of penalty device and includes：It deposits
The criminal case automation measurement of penalty journey that reservoir, processor and being stored in can be run on the memory and on the processor
Sequence, wherein：
The criminal case automation measurement of penalty program is realized when being executed by the processor such as any one of claim 1 to 8 institute
The step of criminal case automation measurement of penalty method stated.
10. a kind of computer readable storage medium, which is characterized in that be stored with criminal case on the computer readable storage medium
Part automates measurement of penalty program, and the criminal case automation measurement of penalty program is realized when being executed by processor as in claim 1 to 8
Any one of them criminal case automates the step of measurement of penalty method.
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| CN115858507A (en) * | 2022-08-25 | 2023-03-28 | 中国司法大数据研究院有限公司 | Method and system for automatic assessment, error correction and completion of criminal investigation rule |
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| CN111104798A (en) * | 2018-10-27 | 2020-05-05 | 北京智慧正安科技有限公司 | Analysis method, system and computer readable storage medium for criminal plot in legal document |
| CN111104798B (en) * | 2018-10-27 | 2023-04-21 | 北京智慧正安科技有限公司 | Resolution method, system and computer readable storage medium for sentencing episodes in legal documents |
| CN109558993A (en) * | 2018-12-18 | 2019-04-02 | 华南师范大学 | Prediction technique, device, storage medium and the server of theory of crime prison term |
| CN109949185A (en) * | 2019-03-15 | 2019-06-28 | 南京邮电大学 | Judicial case judgement system and method based on Event Tree Analysis |
| CN110738039A (en) * | 2019-09-03 | 2020-01-31 | 平安科技（深圳）有限公司 | Prompting method, device, storage medium and server for case auxiliary information |
| CN110738039B (en) * | 2019-09-03 | 2023-04-07 | 平安科技（深圳）有限公司 | Case auxiliary information prompting method and device, storage medium and server |
| CN115858507A (en) * | 2022-08-25 | 2023-03-28 | 中国司法大数据研究院有限公司 | Method and system for automatic assessment, error correction and completion of criminal investigation rule |
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Application publication date: 20180828 |