Research On The Development Approach Of Quantitative Criminal Jurisprudence

The legislative model of "qualitative + quantitative" in China’s criminal law makes many quantitative factors and the resulting quantitative relationship in the criminal law.Based on this,Professor Chu Huaizhi first put forward the theoretical conception of "quantitative criminal jurisprudence" in the 1980 s.However,due to the lack of systematic supply of quantitative thinking and mathematical methods in the legal education system,the criminal law research involving quantitative problems and using quantitative methods presents scattered,coping and individual limitations,and the quantitative criminal jurisprudence has not been systematically carried out.Since the 21 st century,with the continuous integration of empirical methods based on probability theory and mathematical statistics into criminal law research,the rationality of quantitative thinking and mathematical methods in criminal law has been ignited and awakened again.Therefore,Professor Chu Huaizhi once again called for the study of quantitative criminal jurisprudence in 2019.At present,our society is undergoing the modernization transformation and development of Internet,big data,artificial intelligence,etc."Internet +","big data +" and "artificial intelligence +" based on data and quantification have entered the research field of many disciplines.The "new jurisprudence" under the background of "liberal arts" is also being implemented in full swing,bringing about the value and opportunity of the times to systematically develop quantitative criminal jurisprudence.Inspired by Professor Chu Huaizhi’s theoretical conception of "quantitative criminal jurisprudence",through the demonstration of the theoretical basis and logical starting point of the development of quantitative criminal jurisprudence,this thesis conducts research on the development of quantitative criminal jurisprudence,not a comprehensive study of quantitative criminal jurisprudence.The comprehensive research aims to conduct a initial research of the development of quantitative criminal jurisprudence.Quantitative criminal jurisprudence has the philosophical,jurisprudential and criminal basis of its own rationality and necessity of development.From the logical starting point of "number","quantity" and their relationship in criminal law,quantitative analysis and mathematical logic are the main cognitive paths.Using mathematical principles such as fuzzy mathematics,linear algebra,probability theory and mathematical statistics,as well as modern information technology methods such as big data and artificial intelligence,specific development approaches such as the normative approach,practical approach,and information technology approach of quantitative criminal jurisprudence have been formed.In addition to the introduction and conclusion,the full text is divided into six chapters,with a total of about 200,000 words.The specific contents of each chapter are as follows:Chapters 1: Basic interpretation of quantitative criminal jurisprudence.Quantitative criminal jurisprudence was conceived in the systematic engineering demonstration of the rule of law carried out in the 1980 s.It originated from the concept of "quantitative jurisprudence" proposed by the famous scientist Qian Xuesen,and was finally formally proposed by Professor Chu Huaizhi in 1988;Based on the widely existing quantitative factors and quantitative relationships in China’s criminal law,quantitative criminal jurisprudence is not only a methodological study,but also has independent research objects,cognitive logic and research horizons;In relation to traditional criminal law research,it is positioned to realize the organic combination of qualitative research and quantitative research in criminal law,promote the rational integration of speculative research and empirical research,and promote the mutual unity of professional and developmental criminal law theory;Centering on the three core contents of conviction,sentencing and execution,quantitative criminal jurisprudence has the functions of scientific quantification of quantitative factors,rational allocation and discretion of punishment,and effective evaluation of the application of punishment;Quantitative criminal jurisprudence takes its own basic theory,the "number" and "quantity" in criminal law and their relationship,the verification and innovation of criminal jurisprudence theory,and the modernization and expansion of criminal jurisprudence as the research contents.The research methods are fuzzy mathematics,linear algebra,calculus and other mathematical knowledge at the theoretical level,probability theory and mathematical statistics methods at the practical level,and mathematical analysis software,statistical analysis software and programming software at the application level.Chapters 2: Theoretical basis for the development of quantitative criminal jurisprudence.The theoretical basis for the development of quantitative criminal jurisprudence is the rationality of its own existence and the theoretical basis for the necessity of its development,including three aspects: philosophical basis,legal basis and criminal law basis:philosophical basis: Quantitative criminal jurisprudence is based on the law of mutual transformation of quality,which is one of the three major laws of materialist dialectics,through the stipulation of the quantity of things,to achieve a full understanding and judgment of quality and quantity in criminal law;On the basis of the dialectical relationship between cognition and practice,a comprehensive understanding of criminal legislation and criminal justice is achieved through an empirical approach,which is then fed back to theoretical research and criminal law practice;Based on the mathematical logic in the philosophy of mathematics,carry out the symbolic,mathematical and formalized logical deduction and methodology construction of criminal law,and give full play to the advantages of mathematical logic in the quantitative research of criminal law. legal basis: Face up to the many uncertain factors in the law,and explore the certainty of the law in the uncertainty through methods such as fuzzy mathematics,linear algebra,probability theory and mathematical statistics,which are good at studying uncertainty;In the relationship between law ought to be and reality,dig into the core of independence value and rationality of law ought to be and reality,build a bridge of mutual communication between law ought to be and reality,and promote the approach and integration of law ought to be and reality;The computability of law brings the possibility of exploring criminal fairness and justice through calculation.Aiming at the "number" and "quantity" and their relations in criminal law,mathematical methods or modern information science and technology are used to achieve scientific quantification and accurate assessment of complex crime and punishment relations.criminal law basis: The principle of legality of crime and punishment is the embodiment of mathematical axiomatic method in criminal law,and is affected by the certainty of mathematical rules.The quantitative concept and mathematical ideology of the principle of equalization of crime and punishment lay the foundation for quantitative analysis and mathematical application of quantitative criminal jurisprudence;The internal relationship,contextual relationship and upper and lower relationship defined by the thought of criminal integration have brought the openness of criminal jurisprudence research,and laid a solid theoretical foundation for the quantitative criminal jurisprudence to draw lessons from the quantitative research methods and research results of other disciplines and integrate various influencing factors and quantitative indicators outside the criminal law.Chapters 3: The logical starting point of quantitative criminal jurisprudence.The "qualitative + quantitative" legislative model of criminal law makes it necessary to examine and demonstrate the stipulations of "number" and "quantity" in criminal law and their potential connotative value in the process of pursuing the substantive justification of criminal law.It is an important logical starting point for the development of quantitative criminal jurisprudence to face up to the meaning of crime and punishment brought about by "number","quantity" and their relationship in criminal law,and shift from the instrumental nature of quantity to the research perspective of ontology."Number" originates from the abstraction of the essence of quantity.The "number" in criminal law is a numerical description of the size of the crime and the severity of the punishment.The provisions on the number of punishments are relatively complete and systematic,forming a "digital punishment system" with the number interval as the basic factor;The "quantity" in criminal law not only expresses the quantity system based on the number interval,but also forms the "estimation" depicted by words through the ideographic system of Chinese,such as "slight","light","serious","particularly serious","large","huge" and so on.The word "estimation" in the criminal law is mainly reflected in the description of the severity of the crime.As an important element of basic crime,aggravated crime and mitigated crime,it forms a "fuzzy crime quantity system" with estimation as the basic factor through the legislative expression of adjectives or degree adverbs;The principle of balance between crime and punishment requires that the "estimation" expressing the size of crime should be adapted to the "number" describing the severity of punishment,which leads to the proposition of the unity of literal quantity and digital quantity,fuzzy quantity and fixed quantity,and forms the theoretical hypothesis and quantitative relation structure of "Fuzzy quantity of crime--Digital quantity of punishment".Through the empirical investigation of 483 charges after the criminal law amendment(11),it is found that there are three quantitative relation structures of "Fuzzy quantity of crime--Digital quantity of punishment",which leads to two core problems about the clarity of crime amount and the balance of crime and punishment.Chapters 4: The normative approach to the development of quantitative criminal jurisprudence.The normative approach to the development of quantitative criminal jurisprudence is to build a mathematical model that accords with the norms and theories of criminal law from the logical starting point of "number","quantity" and their relationship in criminal law,starting from the norms and basic theories of criminal law,taking "theory-number-theory" as the main cognitive logic,and using mathematical methods such as fuzzy mathematics,linear algebra and analytic hierarchy process,and then the quantitative research scheme to solve the clarity of the fuzzy amount of crime itself and the balance of "Fuzzy quantity of crime--Digital quantity of punishment".Firstly,solve the ambiguity of the quantity of crime.Based on the in-depth analysis of the fuzziness of the degree of fuzzy crime,evaluation factors and their relationship,and the weight of evaluation factors,through the demonstration of the necessity and feasibility of fuzzy crime quantification,a comprehensive evaluation model of fuzzy crime is constructed by using fuzzy mathematics and analytic hierarchy process,Through judicial practice cases,it shows the specific application of the comprehensive evaluation model in the clear judgment of fuzzy crime.Secondly,based on the linear relationship between crime ?x and penalty ?y,through the continuous construction of digital penalty,it creates preconditions for the construction and application of "Fuzzy quantity of crime--Digital quantity of punishment" equilibrium model.Finally,construct the sentencing equilibrium model of "Fuzzy quantity of crime--Digital quantity of punishment".Based on the comprehensive evaluation model of fuzzy crime quantity,through the construction of the index system and the determination of the factor weight of the "Fuzzy quantity of crime--Digital quantity of punishment" model,this thesis constructs a "two-dimensional and three-stage" equilibrium model,summarizes its applicable basic methods and steps,and shows the specific application of the equilibrium model through judicial practice cases.Chapters 5: The practical approach to the development of quantitative criminal jurisprudence.The practical approach to the development of quantitative criminal jurisprudence is to build a data model in line with the norms of criminal law and criminal law theory,and explore the characteristics and laws of crime and punishment in judicial practice from the logical starting point of "number","quantity" and their relationship in criminal law,starting from the practice of criminal justice,taking "phenomenon-number-theory" as the cognitive logic,and mainly using the methods of probability theory and mathematical statistics,and then the quantitative research scheme fed back to criminal law theory,criminal legislation and justice.Around the practice of criminal justice,based on a large number of panel data and case data,this thesis shows the practical approach of quantitative criminal jurisprudence through the typical charges with great controversy in judicial practice.Firstly,on the basis of 18392 sentencing decisions of corruption crime,we draw a conclusion through the construction of quantitative model,variable design,regression analysis and robustness test,which clarifies the debate on the relationship between the two crime elements of "amount and plot" in the crime of corruption,It also summarizes the reference standards of judicial application after the concurrence of amount and plot;Secondly,for the scientific setting of the crime amount standard,based on the quantitative analysis of 18392 cases of sentencing judgment of corruption crime,per capita GDP and judicial statistical data,this thesis demonstrates that the increase of the amount of corruption crime is an appropriate measure to eliminate the time conflict,regional conflict and the internal conflict of the marginal effect of punishment,and finds that the setting of the amount ladder is unscientific,which has resulted in the substantial transition to light punishment in the crime of corruption,the high application rate of probation and the abnormal light distribution of sentencing,and then put forward the idea of amount ladder correction to adapt to the actual state of justice,the level of economic development and the amount of conviction;Finally,for the effect evaluation of penalty application,based on 55 legal normative documents related to food crimes and the sentencing judgment of 8062 cases of food safety crimes,through the quantitative analysis of penalty application,it is found that the "strict" criminal governance of food safety crimes has a lighter bias in judicial practice,which is manifested in the lighter imprisonment penalty,the lower amount of fine and the high probation rate.In order to implement the "strict" criminal policy of food safety crime,this thesis puts forward the correction countermeasures of penalty discretion,such as the reasonable discretion range of imprisonment penalty,the reasonable amount of fine punishment,and the strict application of probation.Chapters 6: The information technology approach to the development of quantitative criminal jurisprudence.The information technology approach to the development of quantitative criminal jurisprudence is based on the logical starting point of "number","quantity" and their relationship in criminal law,and integrates the mathematical model of the normative approach and the data model of the practical approach,using data as a communication bridge,integrating the internet,big data,artificial intelligence and other information technologies into criminal law research,which is a quantitative research scheme to consolidate the normative foundation of criminal law and improve the practical efficiency of criminal law.Firstly,under the idea of criminal integration,this thesis proposes to build a big data platform based on criminal integration database,which provides a solid empirical basis for criminal law research and reliable data support for criminal legislation and judicial decision-making,and expounds the data sources,data types and data mining methods of big data platform;Secondly,after demonstrating the current situation,feasibility and advantages of the combination of artificial intelligence and quantitative criminal jurisprudence,taking BP artificial neural network as an example,on the basis of 4977 sentencing judgments of corruption crime,through the machine self-learning of artificial neural network,this thesis comprehensively shows the model construction,result analysis and specific application of artificial intelligence in quantitative criminal jurisprudence;Finally,aiming at the development and improvement of the information technology approach launched by quantitative criminal jurisprudence,this thesis puts forward three improvement paths:exploring the dimension and depth of information technology application,promoting the integration of information technology and criminal law theory,and strengthening the training of compound criminal law talents.