Unding torture is a long -term existence of global difficulties，It is also an important driving force for the reform of criminal standardization。Standardized sentencing needs to be established by establishing a scientific sentencing rule system，To achieve a fair torture，This roughly includes: unified standard、Singing torture without ambiguity or corruption、Organized Singing Standards System、Easy to understand torture、Penalized punishment, etc.。In the era of big data，How to use algorithms and big data to compare the punishment tailoring of the individual judge with the collective experience of judges，Therefore, to effectively correct the penalty bias，It is of great significance to realize the righteousness of the torture。

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Well knows，Singing torture may be just a dust for the judge of the occupation，but，It is a mountain on the defendant's head，For example，The death penalty is still slow。During the standardized reform of sentencing，How to give the judge a free discretion，Control the sentencing deviation of the judge within a reasonable limit，It is a major problem that is urgent to solve。

Singing for power practice，It is an extremely complicated criminal judicial activity，This is reflected in the guarantee and restrictions of judges' free tailoring rights。The main manifestations are the following problems: first，Settle judges are not always wise and non -private，With personal characteristics，Including the temperament of the judge、Experience、Subjective bet365 live casino games and habit。Actually，What kind of view of the judge does、State view、View of Law、Views of Judgment and Criminal Law，Most of them will be reflected on the referee。Second，Judge's wisdom judgment and freedom tailoring is not the source of the law，It is an expression that I am convinced，It is also a criminal power。and power "half is angel，Half is the devil "，The judge's free discretion is used properly，is the gospel，Improper use，is disaster。third，Consistent value experience is the basis of understanding justice，However, the value experience of the judge is not consistent，The problem of exercise of the discretion of the judge is to actually gain a widely consistent value experience。Fourth，Step bias caused by the discretion of the judge，It is bound to have an impact on judicial credibility。Therefore，Standardized reform of sentencing always faces the conflict between the standard restrictions and the righteousness of the case and the dilemma.。

Criminal Law Theory needs to identify the judge's sentencing deviation，and use the degree of torture system to reasonably regulate the judge's freedom tailoring。From theoretically,，Standardized torture must avoid a pathological bipolar differentiation，On the one hand, the emergence of unlimited personal heroism，may cause imbalances of torture power; on the other hand, the birth of symbolic justice wrapped in various forms of public opinion，It is easy to cause torture machinery or be bound by public opinion，It is difficult to give play to the subjective initiative of the judge。The reason why a legal system is successful，It is due to its successful achievement and maintaining the balance between extreme Bet365 app download power and extreme restricted power。Standardized reform of sentencing is the same，Need to clearly measure the legitimacy of the right to quantify the right to quantify according to what standards，What kind of method is used to avoid the torture bias caused by the discretion of the judge's free discretion。

Traditionally，Singing Setting and its rules is considered to be a "black box"，"Estimation Stacking" is the image titles of this black box，Leading torture deviation is unavoidable。In the era of big data，Judge's sentencing decision uses robot regulations and algorithms to enhance its public value，Singing results and reasons of judgment，It is generated by computing and calculation，To avoid the absence of torture bias。This algorithm follows the law of nature，It is the extreme rationalization of sentencing experience and the removal of the subjective world，It can promote the judge to make a more consistent choice of justice or torture results。

　　Construct a sentencing assistance system supported by big data and algorithm

In the era of big data，Judges more need to quote the scientific thinking definition of "data input+algorithm model+results output"，Realize the transformation from fuzzy sentencing conclusions to confirmed torture conclusions，This is the deserved meaning of intelligent sentencing。Big data and algorithms can avoid making torture into a "opportunity for a prize"，Become a certainty existence。Modern the rule of law claims the understanding of the certainty of sentencing at least four structural elements: the effectiveness of sentencing、reliability、predictability and recognition。With the rules of sentencing, it becomes more clear，The right to discrete the judge's sentence is Bet365 lotto review gradually moving towards standardization，This makes the objectivity of the rules of sentencing、Effectiveness and rationality also become more important。For this，Is it necessary for the state to formulate more objective sentencing standards，This torture standard should be built with the help of empirical methods and algorithm models，Fully reflects the collective experience of judge's sentencing。

Many countries have established torture auxiliary systems，For example，Australia's criminal information system includes punishment statistics database、Judgment Database、Case Abstract Database、Principles and Practical Database、Local sentencing facilities database、Advanced Record Database、Electronic Judge Manual Database、Legislative database, etc.。This information system makes full use of the network、Provide a lot of information about the previous case，Recommended class cases，Improve the utilization rate of judgment information resources。The Dutch began to develop in the late 1990s，Working team composed of experts with practical experience，Based on the "Prosecutor's Penalty Standards" issued by the Procuratorate，Convert all the guidelines to an orderly、Transparent、Unified system，Finally formed the "Arctic Star Rules"，Effective regulating the prosecutor's torture right。

This has a certain enlightenment meaning for my country's criminal standardization practice，The author recommends that the "two highs" are formulating and improving the guidance of sentencing guidance，Organizational computer science、Statistics、Sociology、Law and other professionals，It is comprehensive with the development of big data and algorithms、bet365 live casino games visualization、Computing torture auxiliary system，By massive referee documents、Collection of sentencing standard data、Extraction and integration analysis，Implementing torture plot extraction、Calculation of sentencing、Single of sentencing comparison，Make sure to summarize torture data、Analysis of the analysis of torture plot and the capacity for intelligent output，The accuracy of the judgment of the sentencing results and the rigidity of the theory of the theory of torture，Therefore, it becomes the "best staff" for judge's sentencing。Of course，Even if the objectiveness of sentencing is pursued through big data and algorithms、Calculated，Still need to pay attention to the algorithm model and its abuse that may cause errors。Singing Aid System Involving Data and Algorithm，Data is the basis of the algorithm，Massive judicial judgment data、Singing Standards File Data Data, etc.，and different data generation methods，It constitutes the basis of the algorithm。The algorithm gets rules from data analysis，and use the law to predict the unknown data。What information is always decisive as the basis of the calculation foundation，This involves the setting and evaluation of the hardware or software computing system，Therefore，The designers of the sentencing auxiliary system must disclose the algorithm they have in time，so that statistical scholars、Legal scholars and practitioners can make a timely assessment of the scientific and accuracy of the algorithm。

　　"Auxiliary" of the sentencing auxiliary system

but but，We cannot exaggerate the role of the quantity auxiliary system，After all, the algorithm is an efficiency tool，instead of decision -making system，Bet365 app download Singing Auxiliary System is useful servant，Not the owner determined by the case of sentencing，It does not have a compulsory effect，but a typical "soft rule"。This is because the maker of the sentencing rules is human，Users are people，Applicable purpose is also for people，Subject to the subjective initiative to leave the person，will become mechanical、Stiff。Big data and algorithms, of course, can be analyzed by massive data，Judging the average sentence of judge's sentencing in this case，Analysis of the element level of the judge made the final point of the starting point，but，Settle rules are more scientific for general conditions，Sometimes it cannot observe the special circumstances of sentencing。These special circumstances include the cause of the incident、Crime motivation、Incident scene、Performance of confession and regret、The efforts of recovery of legal benefits、Forgiveness of the victim、The victim's self -trap risk、Criminal Compliance Plan, etc.。The degree of disclosure of the case information，Big data and algorithms usually cannot consider the special circumstances of a case，Instead, it is necessary to use the judge's free discretion to correct。In this way，Singing Setting Auxiliary System, of course, it can enhance the predictability of judge's sentencing，Avoid or corrected a penalty bias，but，It is not the only decisive factor for judge's sentencing，Judge's free discretion can correct unreasonable collective experience。

Legal theory needs to be improved instead of weakness。In the era of big data，Judges need to use big data and algorithms to clarify collective experience of sentencing。There are inevitable cognitive deviations in the sentencing specifications，This deviation Bet365 lotto review means that there are cracks between some kind of cognitive result and objective reality and cause distortion，Including the compatibility of the deviation of the "anchor effect" and the "blind spot", etc.。Big data and algorithms can make up for this defect，It is achieved by data analysis and general laws of the results of sentencing results，Big data and algorithms can make up for this defect，Effectively regulate the randomness of judge's sentencing，Therefore，Introducing big data and algorithm into the judge's sentencing process is very promising。

　(The author is the deputy dean of the Chinese Institute of Modernization of China Law of Nanjing Normal University、Researcher)