论“电脑量刑”的基本原理

电脑是人脑的产物。电脑“辅助量刑系统”是创新性量刑理论与操作方法的最佳表现形式。电脑运行产生的量刑意见纯属学理解释,仅供办案参考。本文论述电脑《辅助量刑系统》的基本原理:依法构建衡量危害危险程度的公正标尺,完善描述复杂案情的量刑情节体系,独创评价刑事责任程度的科学方法,提出求解量刑最佳适度的逻辑思路,生成充分说理的量刑建议论证报告书,能够避免量刑偏差,实现量刑的公正性、透明性和诉讼高效,从而使特定案件的宣告刑具有可预测性和重复验证性。

On the basic theory of the "discretion of punishment by computers"

Computers are the products of the brains.The computer "assistant discretion of punishment system" is the best manifestation of the innovation discretion of punishment system and operating method.The discretion of punishment suggestions brought by computers are explanations in theory,which are the reference for case.The paper discusses on the computer 〈assistant discretion of punishment system〉 basic theory: construct the equal(surveyor's) staff to measure the extent of injury according to the law,describe the complex case' discretion of punishment system perfect,set up new scientific methods to evaluate the criminal duty degree,offer the fittest logic way to the discretion of punishment,result in a reasonable discretion of punishment suggestion report,which could avoid the deviation in discretion of punishment,realize the fairness,clarity of the discretion of punishment and high efficiency in litigation,and thus the sentence of the special case is predicable and could be validated repeatedly.