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Quantitative Study On Compensation For Spiritual Damage

Posted on:2013-10-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:1226330377954806Subject:Demography
Abstract/Summary:PDF Full Text Request
Quantitative study, as a supplement for qualitative study, is to discribe quantitive relation of the study objects, which has been widely used in social science study. Since case is always been emphrasized by countries of common law system, there are some research findings on quantitative method applying in legal system for improving legislative scientific. However, as a country of continental law system, Chinese researchers paid more attention on definition, principle and logics, and less attention on cases. Therefore, there are seldom studies by using quantitative method. Since lack of depth studying on legislative concerning numbers, there are great differences in payment of vedics by different judges and some legal effect is quite different from the legislative aims. Quantitative research is the inevitable tend for social scientific and it will benifit for overcoming judicial random and improving legislative scientific. The paper is a trial for legal quantitative analysis by taking spiritual compensation as example.At present there are less legal study by quantitative method, especially, study on both theory and cases of applying artificial intelligence in law is seldom. The innovation of the paper is to estimate statute by quantitative study on cases and establish an artificial neural network based discretionary model. Firstly, in order to solve the problemes of great difference in judgement, it builds an artificial intelligent based discretionary model, which will not only offer compensation for reference in practice, but also give a stable compensation baseline. Though the baseline is limited by time and region, but it can be taken as legislative reference at some time. Secondly, it proposed some suggestions for improving the spiritual concerned legislation by quantitative analysis for the present judicial and legislative condition and problems. Thirdly, it discussed how the model will improve the referring legislative.The paper is divided into five charters, and the main contents are as follows:The first charter is the introduction. Firstly, it discusses the backgrounds for quantitative analysis in legal field, and it reviews the theory and application of quantitative methods used in law, artificial intelligent applied in law and the legislation of spiritual damage compensation. Secondly, it introduces the thinking way and methods used in the paper and its innovation.The second charter discusses the feasibility of quantitative method applied in legal field. Firstly, quantitative analysis in legal field is the branch of empirical analysis, which takes quantitative relation of legal problems as object, ultilizes techniques such as statistics and modern mathematics and telecomuumication technology to analyze judicial effects and estimate the fesibility of legislation. It aims to promote unified judgement and improve legislative scientific. The core value of quantitative analysis is fair and interest balance rule. Secondly, artificial intelligence takes non-linear problem as object, and it neither requires the quantitative description the discretionary factors, nor requires the independent of the factors. What’s more, it has strong studying ability. So, artificial intelligence has special advantages for fuzzy legal study. Thirdly, most cases can be indexed and case guidance system has efforced, which shows that China has the condition for quantitative research.The third charter rethinks the spiritual compensation system respectively from judicial and legislative viewpoint. Based on spiritual damage concerning statute data and medical cases data, we discuss the problem and current situation and propose the legislative suggestions. Firstly, it discusses the statutes of spiritual damage compensation system. Secondly, taking spiritual damage concerning medical cases as example, it observes the support rate and damages, and furtherly discusses the reasons for lower compensation. Thirdly, based on analyzing the.compensation principles in statute, it reviews the present principles and thinks that it should make difference between compensation and pulishment principles. Fourthly, it concludes8methods for setting spiritual compensation standard, and estimates the advantages and disadvantages of the above methods. It gets the conclusion that the multiplying style is best method for setting spiritual compensation standards. Fifthly, on the basis of analyzing for the discretionary factors from statutes, it proposes to take eclecticism for considering objective factors as well as subjective factores, and it concludes the discretionary factors in practice. Lastly, it proposes the legislative suggestion for improving the China spiritual compensation system.The fourth charter discusses the model-building method using in legal study. Firstly, it establishes an index system based on the above espirical analysis. Secondly, it introduces artificial neural network, and builts an ANN based discretionary model. Then it proves the result of model is closer to the actual discretion of judicials by example variance analysis and individual case compare. Lastly, it analyses the characteristics, advantages and disadvantages and the status of the model.The fifth charter how the model result affects the future legislation. Firstly, the output of the model will tend to stable which can be called as compensation basis. It is limited by time and region, and is better issued by judicial interpretation. Secondly, justice department has the advantage for getting case data, we suggest set up one office under provincial judicial department for charging the model. Thirdly, if the output is deviate from the common values, the result can be minor adjusted by certain procedures. In the last, it discuesses the further work and will deepen the study from research method, study case and study field and so on.
Keywords/Search Tags:Legislative scientific, Artificial intelligence, Fuzzy mathematics, Discretionary model, Discretionary index system, Interests balance system
PDF Full Text Request
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