基于神经网络的交通事故损害分布

L. Philipps
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引用次数: 7

摘要

交通事故发生后,损害必须在有关各方之间公平分配,并确定一个比例。这方面有很多先例,法官们已经制定了一份目录,为常见类型的事故提供了比例建议。然而,“每个案例都不一样”的问题仍然存在。很多案例有熟悉的方面,也有不熟悉的方面。即使一个案例是由几个熟悉的方面与既定比率组成的,问题仍然是如何将这些因素纳入一个比率。第一个想法是发明一个数学公式,但这样的公式是僵化的和推测性的。法律体系是有机发展起来的,不应该被强迫进入一个圆滑的体系。使用数学公式的长远后果是无法预见的;他们很可能非常不公正。我建议使用神经网络。先例可以作为学习模式直接输入网络。这样做的好处是,法院裁决可以直接转移,而不是通过公式。未来法院判决的修改也可以被网络采纳。就学习模式对新案例的影响而言,一个相对安全的假设是,它们将与先例和谐一致。这是由于网络的结构——许多简单的决策单元相互连接,相互调整它们的活动,从而达到一种平衡状态。当这种平衡的条件被转换回案件的条件时,解决办法几乎不可能是完全不公正的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Distribution of Damages in Car Accidents throught the Use of Neural Networks
After a traffic accident the damage has to be fairly divided among the parties involved, and a ratio has to be determined. There are many precedents for this, and judges have developed catalogues suggesting ratios for common types of accidents. The problem that "every case is different," however, remains. Many cases have familiar aspects, but also unfamiliar ones. Even if a case is composed of several familiar aspects with established ratios, the question remains as to how these are to be figured into one ratio. The first thought would be to invent a mathematical formula, but such formulae are rigid and speculative. The body of law has grown organically and must not be forced into a sleek system. The distant consequences of using a mathematical formula cannot be foreseen; they might well be grossly unjust. I suggest using a neural network instead. Precedents may be fed into the network directly as learning patterns. This has the advantage that court rulings can be transferred directly and not via a formula. Future modifications in court rulings also can be adopted by the network. As far as the effect of the learning patterns on new cases is concerned, a relatively safe assumption is that they will fit in harmoniously with the precedents. This is due to the network's structure—a number of simple decisional units, which are interconnected, tune their activity to each other, thus achieving a state of equilibrium. When the conditions of such an equilibrium are translated back into the terms of the case, the solution can hardly be totally unjust.
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