CN108876686A - Administrative penalty discretion based on two dimensional model punishes amount of money calculation method - Google Patents
Administrative penalty discretion based on two dimensional model punishes amount of money calculation method Download PDFInfo
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Abstract
The invention discloses a kind of, and the administrative penalty discretion based on two dimensional model punishes amount of money calculation method, fact of malfeasance is divided into illegal activities and illegal consequence, carry out the determination of the discretion factor and discretion grade respectively to the two, then the discretion grade of the two is first superimposed respectively, it combines to obtain illegal grade further according to two dimensional model, the final punishment amount of money is obtained based on illegal grade.The fact of malfeasance information that the present invention is described according to law enfrocement official determines that discretion punishes the amount of money, provides guidance and help for law enfrocement official, is conducive to the accuracy for improving Administration Enforcement.
Description
Technical field
The invention belongs to administration monitor system technical fields, and in particular to a kind of environmental protection based on two dimensional model is administrative
Punish the punishment amount of money calculation method of discretion power.
Background technique
In the administrative penalty laws and regulations that China promulgates at present, to punishment amplitude there are sizable discretion space,
Such as《The Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution》In a certain illegal activities have the discretion of minimum 100,000 to 1,000,000 yuan of highest empty
Between, how the punishment amount of money in section, which determines, does not refine, quantifies, and is bound to cause very big randomness.Although environment at different levels are protected
Shield administrative responsibile institution has paid attention to the specification and control to discretion during implementing administrative penalty, but due to various
The problems such as reason, some areas and unit " cross and penalize unsuitable, accomplice is different to penalize ", still happens occasionally, and human factor is more, has
Even remain serious.Above situation reminds us, if do not instructed specifically environmental administrative punishment discretion
Specification, the environmental pollution party of pairing approximation punish result and are likely to be breached as many as difference decades of times, punish the deviation of result for structure
At great concealed unfairness, even essence is illegal.Therefore, specification application environment administrative penalty discretion has been ring
Law enforcement urgent problem to be solved is protected, this is also the advantage place of this product.
Summary of the invention
It is an object of the invention to overcome deficiency in the prior art, a kind of administrative penalty based on two dimensional model is provided
Discretion punishes amount of money calculation method, and the identification for solving environmental illegality behaviors many in the prior art is done with individual entirely
The technical issues of estimation is then leaned in master, micro-judgment, punishment discretion.
In order to solve the above technical problems, at the present invention provides a kind of administrative penalty discretion based on two dimensional model
Fine volume calculation method, characterized in that include the following steps：
Step S1, combs out various fact of malfeasance as defined in relevant legal documents, and each fact of malfeasance is divided into illegal row
To determine each discretion factor of discretion illegal activities according to behavior discretion benchmark with illegal consequence, and according to relevant legal documents
Each discretion factor is divided into multiple discretion factors according to severity and determines the grade of each discretion factor, according to after
Fruit discretion benchmark determines each discretion factor of the illegal consequence of discretion, and according to relevant legal documents by each discretion factor according to tight
Weight degree is divided into multiple discretion factors and determines the grade of each discretion factor；Illegal activities and illegal result are corresponding
Each discretion factor and its discretion grade be created as discretion because of word bank；
Step S2, the grade for defining illegal activities is the superposition of each discretion grade in illegal activities, the grade of illegal consequence
For the superposition of discretion grade each in illegal consequence, the grade of discretion grade, illegal activities and illegal consequence is quantified, is obtained
Superposition Calculation Method out；
Step S3, due to the corresponding different discretion space of the different brackets of illegal activities and illegal consequence combination, by discretion
Space quantization is illegal grade, and using the discretion grade of illegal activities and illegal consequence as two-dimentional variable, illegal grade is as defeated
Out as a result, fitting illegal grade two dimensional model calculates function, using illegal grade as variable, discretion space is as output knot
Fruit fits the punishment amount of money and calculates function；
Step S4 determines fact of malfeasance according to scene evidence taking when there is illegal incidents generation, and the fact of malfeasance of acquisition is drawn
It is divided into illegal activities and illegal consequence, the discretion factor and corresponding discretion for including in illegal activities because word bank determines according to discretion
Grade, according to discretion because of the discretion factor and corresponding discretion grade that include in word bank determines illegal consequence；
Each discretion grade is overlapped the grade for obtaining illegal activities and illegal consequence, by the illegal of acquisition by step S5
The grade of behavior and illegal consequence substitutes into illegal grade two dimensional model calculating function and obtains illegal grade；Illegal grade is punished
The amount of money calculates function and obtains the final punishment amount of money.
Preferably, behavior discretion benchmark uses individual character discretion benchmark, and consequence discretion benchmark uses general character discretion benchmark, individual character
Discretion benchmark is that illegal activities are carried out with quantitative discretion, and quantitative discretion benchmark refers to the degree progress to environmental illegality behavior
Judgement；General character discretion benchmark refer to common to various environmental illegality behaviors generally, generally, briefly discretion standard,
According to the difference of consequence caused by illegal activities, general character discretion benchmark can be divided into three classes：Social influence class, ecological disruption class, ring
Pollute class in border.
Preferably, discretion grade includes slight, general, serious, heavier and five grades of especially severe.
Preferably, by discretion grade quantizing at 1-5 rank, i.e., 1 representative is slight, 2 representatives are general, 3 represent heavier, 4 generations
Table is serious, 5 represent especially severe.
Preferably, the superposition rule of each discretion grade is in illegal activities and illegal consequence：
" meeting N " is into grade
Behavior/consequence discretion factor depending on (containing) certain N number of above rank is equivalent to the other behavior of next stage/consequence discretion
The factor；
Total behavior/consequence at most can only the not high level-one of most heavy duty after superposition.
Severe one is first, supplemented by less serious case：
The integer part of quantization be by the most heavy duty in behavior/consequence discretion grade it is other on the basis of, rank below is only
Only influence fractional part.
Preferably, approximating method can be used least square method and obtain, and fitting function can be two-dimentional continuous function, can also
To be piecewise function.
Compared with prior art, the beneficial effects obtained by the present invention are as follows being：Punishment discretion benchmark is set up, legal provision is thin
Change, makes fuzzy prescribed specific, wide in range amplitude embodies, so that the standard of the administrative law enforcement in specific case is more smart
Carefully, objective.Law enfrocement official by discretion benchmark and the obtained two dimensional model of fitting calculate discretion the result is that unique, accurate,
So that punishment is showed legal, reasonable, suitable corresponding relationship, provide guidance and help for law enfrocement official, is conducive to improve row
The accuracy of political affairs law-enforcing work.
Detailed description of the invention
Fig. 1 is the flow chart of the method for the present invention；
Fig. 2 is partial content of certain discretion because of word bank；
Fig. 3 is that illegal activities and illegal consequence different brackets combine corresponding discretion space.
Specific embodiment
The invention will be further described below in conjunction with the accompanying drawings.Following embodiment is only used for clearly illustrating the present invention
Technical solution, and not intended to limit the protection scope of the present invention.
According to《People's Republic of China's administrative penalty method》(revising for 2017) related request, the invention mainly relates to rows
It is a kind of that the fine in type is punished in political affairs, and is suitable for the case where administrative penalty organ executes general procedure.Referring to Environmental Protection Department
General office's file ring does (2009) No. 107 files and " exercises environmental administrative punishment discretion file about related specification is printed and distributed
Notice " and detailed rules and regulations requirement, refined the discretion benchmark of each illegal activities, according to administrative penalty case investigate link obtain
Illegal activities, illegal consequence and relevant evidence, select corresponding illegal performance, discretion benchmark, laws and regulations to calculate sanction
Measure result.
A kind of administrative penalty discretion based on two dimensional model of the invention punishes amount of money calculation method, such as Fig. 1 institute
Show, includes the following steps：
Step S1, combs out various fact of malfeasance as defined in relevant legal documents, and each fact of malfeasance is divided into illegal row
To determine each discretion factor of discretion illegal activities according to behavior discretion benchmark with illegal consequence, and according to relevant legal documents
Each discretion factor is divided into multiple discretion factors according to severity and determines the grade of each discretion factor, according to after
Fruit discretion benchmark determines each discretion factor of the illegal consequence of discretion, and according to relevant legal documents by each discretion factor according to tight
Weight degree is divided into multiple discretion factors and determines the grade of each discretion factor；Illegal activities and illegal result are corresponding
Each discretion factor and its discretion grade be created as discretion because of word bank.
It is defined in relevant legal documents, fact of malfeasance includes illegal activities and illegal consequence.Behavior include the time,
Point, object, means etc., consequence include politics, society, economy, personal injury, environmental hazard consequence etc..
(2009) No. 107 files, which are done, referring to Environmental Protection Department general office file ring " exercises environment about related specification is printed and distributed
The notice of administrative penalty discretion file " and detailed rules and regulations requirement, have refined the discretion of each illegal activities and illegal consequence
Benchmark.Benchmark qualitative classification method is usually pressed, discretion benchmark can be divided into general character discretion benchmark and individual character discretion benchmark.
General character discretion benchmark refer to common to various environmental illegality behaviors generally, generally, briefly discretion standard.
According to the difference of consequence caused by illegal activities, general character discretion benchmark can be divided into three classes：Social influence class, ecological disruption class, ring
Pollute class in border.
Individual character discretion benchmark is that illegal activities are carried out with quantitative discretion, and quantitative discretion benchmark refers to environmental illegality row
For degree carry out judgement.Such as the illegal activities duration, pollutant discharge amount etc..
In the embodiment of the present invention, behavior discretion benchmark uses individual character discretion benchmark, and consequence discretion benchmark uses general character discretion
Benchmark.
In legal document, discretion grade is usually divided according to range degree is threatened, such as is divided into slight, general, serious
Etc. grades, have relevant regulation or reference sample in existing laws and regulations file to slight, general, menace level, be
Belong to quantifiable grade.Slight, general, serious, heavier and five grades of especially severe are chosen in the embodiment of the present invention, this five
A grade is the discretion grade of each discretion factor, and also the same is the grade of illegal activities and consequence.
The discretion that fact of malfeasance according to somewhere is established is only display knot in part in this figure because word bank is shown in Figure 2
Fruit illustrates the establishment process of discretion benchmark, is not complete set.The discretion factor packet that behavior discretion benchmark includes in figure
Include type of facility, behavior situation.Wherein the discretion factor of device class includes that carrying out measures are not in place, and corresponding discretion grade is
Slightly, measure is not implemented, and corresponding discretion grade is general ... ... is not listed one by one herein, in consequence discretion benchmark discretion because
Element includes social influence, environmental pollution etc..
Step S2, the grade for defining illegal activities is the superposition of each discretion grade in illegal activities, the grade of illegal consequence
For the superposition of discretion grade each in illegal consequence, the grade of discretion grade, illegal activities and illegal consequence is quantified, is obtained
Superposition Calculation Method out.
Discretion grade quantizing is represented slightly at 1-5 rank, i.e., 1；2 represent generally；3 represent it is heavier；4 represent seriously；5
Represent especially severe.Each discretion factor of behavior and consequence can thus be corresponded to a number between 0 to 5, bigger number
Word represents more serious behavior or consequence.The form of the quantization of discretion grade table is expressed as follows in the embodiment of the present invention：
Table 1：The quantization of discretion grade
| Rank | 0 | (0,1] | (1,2] | (2,3] | (3,4] | (4,5] |
| Behavior or consequence | Without behavior or without consequence | Slightly | Generally | It is heavier | Seriously | Especially severe |
The grade of illegal activities is the superposition of each discretion grade in illegal activities；The grade of illegal consequence is in illegal consequence
The superposition of each discretion grade.That is the grade for all discretion factors that illegal activities include is overlapped, is obtained illegal
The grade for all discretion factors that illegal consequence includes is overlapped, obtains the grade of illegal consequence by the grade of behavior.
Known discretion grade quantizing represents slightly at 1-5 rank, i.e., 1；2 represent generally；3 represent it is heavier；4 represent sternly
Weight；5 represent especially severe.Illegal activities grade or illegal consequence also include slight, general, serious, heavier and especially severe five
A grade, that is, correspond to a numerical value between 0 to 5.
The superposition rule of each discretion grade is in illegal activities and illegal consequence：
■ " meeting N " is into grade
Behavior/consequence discretion factor depending on (containing) certain N number of above rank is equivalent to the other behavior of next stage/consequence discretion
The factor；The value of N can by being determined with reference to laws and regulations, generally can value be 10；
Total behavior/consequence at most can only the not high level-one of most heavy duty after superposition.
■ severe one is first, supplemented by less serious case：
The integer part of quantization be by the most heavy duty in behavior/consequence discretion grade it is other on the basis of, rank below is only
Only influence fractional part.
Step S3, due to the corresponding different discretion space of the different brackets of illegal activities and illegal consequence combination, by discretion
Space quantization is illegal grade, and using the discretion grade of illegal activities and illegal consequence as two-dimentional variable, illegal grade is as defeated
Out as a result, fitting illegal grade two dimensional model calculates function, using illegal grade as variable, discretion space is as output knot
Fruit fits the punishment amount of money and calculates function.
Usually specified only in relevant legal documents certain fact of malfeasance difference fine frontal region between, such as it is a certain disobey
The discretion space of judicial act is divided into 20,000-10 ten thousand；100000-20 ten thousand；200000-50 ten thousand；500000-100 ten thousand several sections.Differently
The discretion space in area is also likely to be present difference, therefore the regulation according to local relevant legal documents, quantifies to discretion space.
When illegal activities in fact of malfeasance and illegal consequence different brackets are combined, final punishment degree is also different.For details, reference can be made to Fig. 3
(listed illegal plot just refers to illegal activities in figure), the regulation file regulation in somewhere, when illegal activities and illegal consequence
When being 0, the punishment amount of money is also 0, and when illegal activities are slight, when illegal consequence is serious, the punishment amount of money is under discretion space
Limit, when illegal activities especially severe, illegal consequence also especially severe when, the punishment amount of money be in the high limit in discretion space, etc., has
Body is not listed one by one herein referring to Fig. 3.
The amount of money (namely discretion space) will finally be punished and carry out same grade classification, the grade quantity foundation of division is worked as
The practical regulation in ground determines, but the illegal level value after quantifying can be between value 0~1, this be for the subsequent punishment amount of money
Convenience of calculation.
Using the grade of illegal activities and illegal consequence as two-dimentional variable, illegal grade is as output as a result, fitting separated
Method grade two dimensional model calculates function.This approximating method can be used least square method and obtain, and fitting function can be two dimension even
Continuous function, is also possible to piecewise function.
Have plenty of the bound for defining the punishment amount of money in laws and regulations, has plenty of and define punishment amount of money ratio, multiple
Bound, using illegal grade as variable, discretion space (namely punishment the amount of money) is fined as output as a result, fitting
Volume calculates function.
Step S4 determines fact of malfeasance according to scene evidence taking when there is illegal incidents generation, and the fact of malfeasance of acquisition is drawn
It is divided into illegal activities and illegal consequence, the discretion factor and corresponding discretion for including in illegal activities because word bank determines according to discretion
Grade, according to discretion because of the discretion factor and corresponding discretion grade that include in word bank determines illegal consequence.
Each discretion grade is overlapped the grade for obtaining illegal activities and illegal consequence, by the illegal of acquisition by step S5
The grade of behavior and illegal consequence substitutes into illegal grade two dimensional model calculating function and obtains illegal grade；Illegal grade is punished
The amount of money calculates function and obtains the final punishment amount of money.
Step S6, it is various in order to be applicable in place since subject of offense their location, scope of the enterprise are possible variant
Subject of offense can be modified the punishment amount of money by situation.
For regional disparity encountered in administrative penalty implementation process, individual difference and situation demands etc., to discretion
As a result it is modified, so that administrative penalty improves the implementation capacity of punishment closer to actual environment.It is proposed in the embodiment of the present invention
Correct the concept of discretion benchmark.
Discretion benchmark is corrected, refers to the regional disparity according to encountered in administrative penalty implementation process, individual difference, and
Situation demands etc. are modified discretion result, so that administrative penalty improves the implementation capacity of punishment closer to actual environment.It repairs
Positive discretion benchmark includes regional disparity amendment, the amendment of illegal number, scope of the enterprise amendment etc..
Regional disparity amendment：Due to the difference of each Regional development level, the amount of money need to be punished to it according to its actual conditions
It is modified.This coefficient belongs to the amendment to the model calculation.It shows as：To economic backward area, when illegal plot is slight,
It is punished is corrected by GDP ratio negative sense, but with the exacerbation of illegal plot, is corrected ratio and be gradually attributed to 1；Similarly, economy is sent out
Up to area, when illegal plot is slight, punishment is corrected by GDP ratio forward direction, but as illegal plot aggravates, amendment ratio is gradually
It is attributed to 0.To realize to same illegal activities, according to the economic difference of different regions, provide and local economic development status phase
The punishment amount of symbol.
Illegal number amendment：Different punishments is given for first offender and recidivist.It shows as：No illegal record is to bear
Amendment 80%, 2 times it is illegal when, using normal punishment value, 3 times it is illegal when, just correct 20% ... ... with illegal number be incremented by,
Amendment is incrementally increased by negative sense amendment until forward direction doubles.It realizes to same illegal activities, because of party's illegal record before this
Situation makes the punishment amount consistent with enterprise's law credibility.
Scope of the enterprise amendment：Due to enterprise be divided by scope of the enterprise it is large-scale, medium-sized, small-sized.Different type based on enterprise
Give different punishment amounts.For example, to small business, by the currently available punishment amount of money multiplied by a certain parameter (0.6)；Centering
The currently available punishment amount of money is multiplied another parameter (0.8) by type enterprise；Large enterprise is then not adjusted.
It can also limit according to the economic tolerances of subject of offense, legal highest, minimum volume etc. of fining to final place
Fine volume is modified, and is not listed one by one herein.Those skilled in the art can carry out act one according to amendment case described above
Anti- three, the correction result to be tallied with the actual situation.
Embodiment
The present invention illustrates the calculating process of the method for the present invention with a specific embodiment：Certain middle part city under the jurisdiction of the provincial government administrative law enforcement
Personnel carry out site inspection to certain large chemical complex, and collection in worksite sewage arranges the monitoring of mouth outlet water sample, as the result is shown：Chemistry needs
124 milligrams per liter of oxygen amount, 24.6 milligrams per liter of ionic surface active agent are limited, is more than respectively《Integrated wastewater discharge standard》
(GB8978-1996) 0.24 times, 3.92 times of 4 primary standard of table.Through investigating, which is discharged into periphery IV class water body, arranges day
Water is 100 tons or more, and field check personnel, which has assigned the enterprise, orders to correct illegal letter of decision, which stops arranging immediately
Dirt is checked reason for Exceeding, and is monitored to surrounding body, not yet function of water body is caused to change.
The illegal activities, which are related to discretion benchmark, see the table below, and the discretion factor of illegal activities includes overstandard factor 2, corresponding
Discretion grade is heavier (being 3 after quantization), and emission direction IV class water body, corresponding discretion grade is general (being 2 after quantization), is given up
Water classification be commonly industrial wastewater, corresponding discretion grade be heavier (being 3 after quantization), 200% or more pollutant times of ultra standard,
Corresponding discretion grade is especially severe (being 5 after quantization), and day displacement is 100 tons or more, and corresponding discretion grade is special
Seriously (being 5 after quantization), the grade of illegal activities includes especially severe：2；Heavier 2；General 1, to these discretion grades
When superposition, due to having here 2 especially severes (being highest grade), therefore the grade of illegal activities is 5.The grade of illegal consequence
It is 0.
Table 2：The discretion master meter of illegal activities and illegal consequence in embodiment
The case violates《Law of the People's Republic of China on the Prevention and Control of Water Pollution》" discharge water pollutant, must not exceed Article 10
Pollution discharge standard and emphasis water pollutant discharging gross amount Con trolling index as defined in country or place." foundation《Middle Chinese
People republic Law on the Prevention and Treatment of Water Pollution》83rd article of Section 2 " violate this law regulation, there is the following line one of to be, by it is at county level with
Upper People's Government's environmental protection authorities order to correct or order limitation production, stop production and renovate, and locate 100,000 yuan or more one
Million yuan of fine below；Of a serious nature, ratify subject to the People's Government for having power of approval, orders to close down, closes."
In this embodiment, it is piecewise function that illegal grade two dimensional model, which calculates function, due to enterprise's illegal activities grade
(the x variable in formula) is that 5 categories are serious, and consequence (the y variable in formula) is 0, and illegal rating calculation function is Rank=(y/20
+0.15)*x+3*y/10-0.05.It is available to bring calculating into：Illegal grade Rank=(0/20+0.15) * 5+3*0/10-0.05
=0.7.
It is imposed a fine by case it is found that sentencing 100,000 or more one million or less here：The punishment amount of money of amount type calculates letter
Number (this function is to be fitted to obtain according to history fact of malfeasance)：
Fine=((4x Rank x (1-Rank) x (0.45+0.01*5)+2x Rank x Rank-Rank) x (Max-
Min)+Min)
=((4*0.7* (1-0.7) * (0.45+0.01*5)+2*0.7*0.7-0.7) * (100-10)+10)=73
Wherein Min：It is minimum to fine volume, 100,000；Max：Highest fines volume, and 1,000,000；Fine：The final punishment amount of money.
Method is whole for 730000 yuan come the punishment amount of money for judging this fact of malfeasance according to the present invention.
The above is only a preferred embodiment of the present invention, it is noted that for the ordinary skill people of the art
For member, without departing from the technical principles of the invention, several improvements and modifications, these improvements and modifications can also be made
Also it should be regarded as protection scope of the present invention.
Claims (7)
1. the administrative penalty discretion based on two dimensional model punishes amount of money calculation method, characterized in that include the following steps：
Step S1 combs out various fact of malfeasance as defined in relevant legal documents, by each fact of malfeasance be divided into illegal activities and
Illegal consequence determines each discretion factor of discretion illegal activities according to behavior discretion benchmark, and will be every according to relevant legal documents
A discretion factor is divided into multiple discretion factors according to severity and determines the grade of each discretion factor, cuts out according to consequence
Amount benchmark determines each discretion factor of the illegal consequence of discretion, and according to relevant legal documents by each discretion factor according to serious journey
Degree is divided into multiple discretion factors and determines the grade of each discretion factor；Illegal activities and illegal result are corresponding each
The discretion factor and its discretion grade are created as discretion because of word bank；
Step S2, the grade for defining illegal activities is the superposition of each discretion grade in illegal activities, and the grade of illegal consequence is separated
The superposition of each discretion grade, the grade of discretion grade, illegal activities and illegal consequence is quantified in method consequence, is obtained folded
Add calculation method；
Step S3, due to the corresponding different discretion space of the different brackets of illegal activities and illegal consequence combination, by discretion space
It is quantified as illegal grade, using the discretion grade of illegal activities and illegal consequence as two-dimentional variable, illegal grade is as output knot
Fruit fits illegal grade two dimensional model and calculates function, and using illegal grade as variable, discretion space is as output as a result, quasi-
It closes out volume of fining and calculates function；
Step S4 determines fact of malfeasance according to scene evidence taking when there is illegal incidents generation, and the fact of malfeasance of acquisition is divided into
Illegal activities and illegal consequence, the discretion factor for including in illegal activities because word bank determines according to discretion and corresponding discretion etc.
Grade, according to discretion because of the discretion factor and corresponding discretion grade that include in word bank determines illegal consequence；
Each discretion grade is overlapped the grade for obtaining illegal activities and illegal consequence, by the illegal activities of acquisition by step S5
With the grade of illegal consequence, substitutes into illegal grade two dimensional model calculating function and obtain illegal grade；Illegal grade is punished into the amount of money
It calculates function and obtains the final punishment amount of money.
2. the administrative penalty discretion according to claim 1 based on two dimensional model punishes amount of money calculation method,
It is characterized in, behavior discretion benchmark uses individual character discretion benchmark, and consequence discretion benchmark uses general character discretion benchmark, individual character discretion benchmark
It is that illegal activities are carried out with quantitative discretion, quantitative discretion benchmark refers to the judgement of the degree progress to environmental illegality behavior；
General character discretion benchmark refer to common to various environmental illegality behaviors generally, generally, briefly discretion standard, according to illegal
Consequence caused by behavior is different, and general character discretion benchmark can be divided into three classes：Social influence class, ecological disruption class, environmental pollution class.
3. the administrative penalty discretion according to claim 1 based on two dimensional model punishes amount of money calculation method,
It is characterized in, discretion grade includes slight, general, serious, heavier and five grades of especially severe.
4. the administrative penalty discretion according to claim 3 based on two dimensional model punishes amount of money calculation method,
Be characterized in, by discretion grade quantizing at 1-5 rank, i.e., 1 represent it is slight, 2 represent it is general, 3 represent it is heavier, 4 represent it is serious, 5
Represent especially severe.
5. the administrative penalty discretion according to claim 1 based on two dimensional model punishes amount of money calculation method,
It is characterized in, the superposition rule of each discretion grade is in illegal activities and illegal consequence：
" meeting N " is into grade：
Behavior/consequence discretion factor depending on (containing) certain N number of above rank is equivalent to the other behavior of next stage/consequence discretion factor；
Total behavior/consequence at most can only the not high level-one of most heavy duty after superposition；
Severe one is first, supplemented by less serious case：
The integer part of quantization be by the most heavy duty in behavior/consequence discretion grade it is other on the basis of, rank below only influences
Fractional part.
6. the administrative penalty discretion according to claim 1 based on two dimensional model punishes amount of money calculation method,
It is characterized in, approximating method uses least square method, and fitting function can be two-dimentional continuous function, be also possible to piecewise function.
7. the administrative penalty discretion according to claim 1 based on two dimensional model punishes amount of money calculation method,
It is characterized in, regional disparity amendment, the amendment of illegal number, scope of the enterprise amendment can also be carried out to the punishment amount of money.
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| CN112860909A (en) * | 2021-01-29 | 2021-05-28 | 厦门市法度信息科技有限公司 | Intelligent punishing amount cutting method and system |
| CN115034183A (en) * | 2022-05-18 | 2022-09-09 | 天津大学 | Method for assisting administrative penalty determination and computer readable storage medium |
| CN115034183B (en) * | 2022-05-18 | 2024-05-31 | 天津大学 | Method for assisting administrative punishment decision and computer readable storage medium |
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