Science Measurement Of Penalty Mode Research

The justice for measurement of penalty is a legal terminology with long history, isalso an academic circles not endless debatablely again and again old topic.Nowadays inChina, not only the quantity measurement of penalty of the same kind case standard isdifferent in different court,but also the dissimilarity judges a personnel to the look alikecase may make a different quantity measurement of penalty result in the same court.Thisinfluence seriously judicatory the authority of the candor,and have to make us re-examineour country current quantity measurement of penalty system. In recent years,the judgmentpractices medium widespreadly apply of traditional"estimate amount of heap measurementof penalty", and the computer quantity measurement of penalty of "a new force suddenlycoming to the fore", whether be good enough to carry out quantity measurement of penaltyjustice?This text sets about the realistic place of "estimate amount of heap measurement ofpenalty",and begins with material representation of the computer quantity measurement ofpenalty,and points out that the measurement of penalty is one kind of technical knowledge,"estimate amount of heap measurement of penalty" is most one kind just didn’t add agot-up art, but wanted to really carry out quantity measurement of penalty justice, thenshould promote "technique+art" of science quantity measurement of penalty mode,measure a technique the measurement of penalty rule and art measure a measurement ofpenalty method and combine together, at amount of technique penal foundation up, cutquantity power and make a reasonable modifier to the freedom of the judge, make itbecome a exquisite art, then can pass technique realize universal justice, pass art realizeindividual case justice, carry out quantity measurement of penalty thus justice of ultimateend target.In addition to preface and conclusion, the full text is totally divided into four parts:The first part measures all saying of the measurement of penalty mode.Writer starts totalk about from the concept of quantity measurement of penalty mode first, immediatelyafter from comparison method of angle, investigate the quantity measurement of penaltythat the two greatest methods fasten mode, and carry on analysis to the our country currentquantity measurement of penalty mode, point out our country current main quantitymeasurement of penalty mode, still is traditionally estimate amount of heap penal code, but the quantity with lately-appeared recent years measurement of penalty method has thelayer analysis the method, mathematics model method and quantitative analysis methodand amount of computer penal code etc., the writer is in this text only with amount ofcomputer penal code for the representative carry on analyze argument.The second part estimates the amount of heap penal realistic place to meet.At ourcountry, the traditional "estimate amount of heap measurement of penalty" is a kind ofexperience quantity penal code, because of make "estimate amount of heap measurementof penalty" most under the influence of relationship, personal external factors, such asemotion and administration intervention...etc. just a kind didn’t add a got-up art, quantitymeasurement of penalty result existence biggest of indetermination, this method looks likeperfect, actually lack Ji to tie, take very greatly at will sex with arbitrarily sex, obstructedcarrying out of judicatory candor progress.The third part is a penal amount of computer substantial evidence reading.Writer withprovince Zi Bo City Zi Chuan area court of the people in Shandong develops of《the normquantity measurement of penalty software management system》is copy, to computerquantity the measurement of penalty carried on a substantial evidence reading and pointedout a computer to measure measurement of penalty to is technical knowledge and had avery high technique content, while the computer can not replace a person brain at all tocarry on complicated feeling to know to the objective thing with vivid contingency, as aresult the computer measures Xing to inevitably exist many irregularities.The forth part is the judicial realization that measures measurement of penaltyjustice.The writer thinks that computer’s measuring measurement of penalty is technicalknowledge, tradition "estimate amount of heap measurement of penalty" is most a kind ofscience that didn’t add a got-up art and really carried out quantity measurement of penaltyjustice, should promote "technique+art" quantity measurement of penalty mode, technicalquantity measurement of penalty the rule combine together with art quantity measurementof penalty method, at amount of technique penal foundation up, cut quantity power tomake a reasonable modifier to the judge’s freedom, make it become a exquisite art, thencan pass technique realize universal justice, pass art realize individual case justice, carryout quantity measurement of penalty thus justice of ultimate end target.