论减刑假释评价指数的建构

On the Evaluation Index Construction of Commutation and Parole

为了应对制度桎梏与裁判乱象,推进减刑假释案件实质化审理,有必要建构减刑假释的核心评价指数:确有悔改表现指数与再犯危险评估指数。两个指数的建立是在人工智能辅助审判的思维导向下,以逆向式裁判思维、规范性裁判思维与动态体系裁判思维为基础。就确有悔改表现指数而言,从《减刑假释应用规定》第三条第二款规定的四类情况出发,确定考察因子,赋予具体分值,构建罪犯在考核期内确有悔改表现的评价体系。就再犯危险评估指数而言,基于预防性原理、惩罚性原理、矫治性原理与修复性原理选定考察因子,以原理的满足度与激励度为遵循,进行量化赋分,实现再犯危险评估指数评价体系的建构。最终,以两个指数为核心,构建减刑假释评价模型。

In order to cope with the shackles of the system and the chaos of adjudication,and to promote the substantive trial of sentence reduction and parole cases,it is necessary to construct a core evaluation index for sentence commutation and parole:the index of genuine repentance and the index of recidivism risk assessment.The establishment of the two indices is guided by the thinking of artificial intelligence-assisted trials,and is guided by the thinking of reverse adjudication,normative adjudication and dynamic system adjudication.With regard to the index of genuine repentance,starting from the four categories of circumstances set out in article 3,paragraph 2,of The Provisions on the Application of Commutation and Parole,factors for examination are identified and specific scores are assigned to construct an evaluation system for genuine repentance of offenders during the assessment period.As far as the recidivism risk assessment index is concerned,the evaluation system of the recidivism risk assessment index is constructed by selecting examination factors based on the principles of preventive,punitive,corrective and restorative,and assigning quantitative scores based on the degree of satisfaction of the principles and the degree of motivation.Ultimately,the two indices are used as the core to construct a model for the evaluation of sentence reduction and parole.