Data "insight" enables legal supervision

2022-07-28

"Data is profoundly changing the procuratorial work in the new era." On June 29, the National Conference on digital procuratorial work of procuratorial organs was held in Hangzhou, Zhejiang Province. The conference deployed to accelerate the construction of digital procuratorial work, improve the quality and efficiency of legal supervision in the new era driven by the "digital revolution", and better serve the high-quality development of economy and society with the high-quality development of procuratorial work. Big data enables the doubtful points of the case to "speak up" and "just look at a single case, there is no abnormality, but after reviewing dozens of judgment documents, it is found that there are common characteristics in these cases, such as some plaintiffs frequently sue, the plaintiff is not the owner himself, and the accident has not been determined by the insurance company." Zhang Fangfang, deputy director of the fourth procuratorial department of the Shaoxing Procuratorate in Zhejiang Province, said that in recent years, many insurance companies have reported the existence of local auto insurance fraud. Therefore, the procuratorial organs began to use big data to analyze a large number of auto insurance claim adjudication documents. Big data enables the doubtful points of the case to "speak up". In the "civil judgment document library" built by Shaoxing procuratorial organ, it took more than 600000 local documents in the past five years as the model screening scope, and indeed screened a batch of abnormal documents, especially more than 200 documents under the names of 13 people including song in Yuecheng District, including the common characteristics of highly centralized maintenance units of damaged vehicles and vehicle damage assessment institutions. "Coincidence" is more than that. The procuratorial organ found that most of the 13 plaintiffs were in the same garage by retrieving social security payment information from the human resources and social security department and associating it with the plaintiff's identity information. After some element screening and correlation analysis, the procuratorial organ transferred the obtained clues to the relevant departments, and the truth surfaced. It turned out that after the vehicle accident, the garage would send people to the scene at the first time to tow the vehicle to the factory on the grounds of helping the trailer, free maintenance, settlement of claims on behalf of others, and entice the owner to transfer the right to settle claims; On the other hand, he obstructed the insurance company from determining the loss by concealing the whereabouts of the vehicle or delaying it for some reason. Later, the gang expanded the car damage by falsely adding maintenance items. If the insurance company did not recognize the car damage, it entrusted an evaluation institution linked with interests to make evaluation and pricing, and based on the evaluation report, sent people to file a claim settlement lawsuit to the court as the plaintiff to obtain illegal interests. The procuratorial organ of Shaoxing expanded the handling of cases, and found four car insurance fraud gangs in other counties and cities, prosecuted and sentenced a total of 11 cases, 46 people, and made 49 civil judgment results supervision. At the same time, the accident data provided by the major insurance companies were also imported. After mutual verification with the social security information, it was found that some frequent informants were also related to the local garage. After transferring the clues, a large number of insurance frauds other than litigation fraud were identified, involving a total amount of more than 15 million yuan. "Through digital empowerment, we can stimulate the amplification, superposition and multiplication of 'data' on legal supervision to the greatest extent, and provide a new way to solve the bottleneck problems such as difficult discovery of supervision clues, fragmented work, and poor quality and efficiency." Jia Yu, the procurator general of the people's Procuratorate of Zhejiang Province, said that since 2018, the procuratorial organs of Zhejiang Province have taken the lead in exploring the use of big data to investigate and monitor clues, and developed a "civil judgment intelligent supervision system" to solve the problem of "false litigation" governance. "Now there are hundreds of digital procuratorial case handling models in Zhejiang Province, and 17 special supervision in the province as a whole. The leveraging effect of big data on legal supervision is emerging." Data cloud supervision enables case clues to "automatically come to the door". The traditional "passive case receiving and case handling" supervision and case handling mode is undergoing profound changes from case to case, from passive to active, and from handling to governance. " The relevant person in charge of the Supreme People's Procuratorate said that the reshaping and reform of the legal supervision mode of "digital enabling supervision and supervision promoting governance" has had a far-reaching impact on the institutional mechanism, organizational structure, methods and processes of legal supervision. In November 2021, the Supreme People's Procuratorate identified Hubei Provincial Procuratorate, Hangzhou municipal procuratorate of Zhejiang Province, Shaoxing municipal procuratorate of Zhejiang Province, and Shenzhen municipal procuratorate of Guangdong Province as the first batch of national procuratorial organs' big data legal supervision R & D innovation bases. On the existing basis, procuratorial organs in the four places further deepened the exploration of big data enabled legal supervision path of "case handling - Case Supervision - system governance". Supervising administrative law enforcement is an important function of procuratorial organs. However, administrative law enforcement involves a wide range, a large number of cases and strong professionalism. How to solve the difficulties of discovery, transfer and supervision? As the only provincial Procuratorate in the first batch of R & D and innovation bases, Hubei Provincial procuratorate used the big data legal supervision model to create a government data cloud supervision, allowing supervision clues to "automatically come to the door". Last December, the model pushed a clue from the 1.03 million administrative law enforcement cases shared by the administrative law enforcement departments: Yu mouliang was suspected of illegal mining in the Yangtze River. The procuratorial organ quickly urged the case to be transferred to the public security organ for investigation, and dug up criminal gangs led by Yu Yisong and Yu Yiliang who had repeatedly committed sand related crimes in the relevant sections of the Yangtze River. "The data of the model comes from the law enforcement information and other relevant information of more than 3000 units in 42 law enforcement fields in the province accessed by the provincial procuratorate data governance platform. It can push supervision clues through multi-dimensional data comparison, correlation, collision and screening." According to the prosecutor of the hospital, since the application of the model, 4823 cases have been jointly discussed and transferred through clue push, and 3968 cases have been filed by the public security organ. After continuous exploration and practice, now more and more procuratorates enable legal supervision through big data, focusing on the hot focus of serving the overall situation, the prominent problems of law enforcement and justice, the weak areas of social governance, and the weaknesses of public interests, so as to promote legal supervision to better serve the high-quality development of economy and society. The priority of labor claims in the distribution of bankruptcy property was originally the protection of workers' rights and interests by the state, but in practice, some people "exploit loopholes" to fabricate labor claims to obtain property distribution. Through the "supervision model of false labor and capital claims in the field of bankruptcy", the procuratorial organ of Suzhou City, Jiangsu Province, has successively found 24 clues involving false labor claims from a number of companies, 12 supervision opinions have been put forward, 3 Criminal clues have been transferred, and 3.27 million yuan of false labor claims have been eliminated, effectively safeguarding the legitimate rights and interests of real creditors. Huang Meimei, deputy to the National People's Congress and HR specialist of the human resources department of Daoming optics Co., Ltd., was impressed by this: "installing a 'digital brain' in procuratorial supervision can better promote the creation of a fair and just legal business environment. From the perspective of supervision quality and efficiency, using big data to press the 'fast forward' button for procuratorial supervision." We should not only wake up the internal "sleeping" data, but also break through the external data barriers. Can digital inspection be popularized to the majority of grassroots procuratorial organs? "There are equal opportunities in front of big data, and anyone can take the lead." At the National Digital procuratorial work conference of procuratorial organs, the relevant person in charge of the Supreme People's Procuratorate introduced that in fact, the first big data supervision model for online judicial auction was not from developed first tier cities, but from the Songyang County Procuratorate in Lishui City, Zhejiang Province, which is located in Mountainous Areas, has a relatively underdeveloped economy and only 40 political and legal personnel. In recent years, online judicial auction has become the first choice for people's courts to dispose of property by auction because of its convenience, efficiency and cross regional characteristics. However, in practice, there are some Executees who take advantage of rule loopholes to "exploit loopholes". For this reason, Songyang County Procuratorate, based on the social data resources of the judicial auction platform, formulated refusal and procedural supervision rules in combination with the problems found, realizing the accurate discovery of problems by digital means. Now the model has been shared and promoted in Zhejiang Province. Up to now, the model has screened 3636 procedural supervision clues from 340000 online auction data in Zhejiang Province, made and issued 478 corrective procuratorial suggestions, promoted the correction of court cases, and promoted the standardization of court online auction publicity. However, in the process of exploration, there are also some difficulties and problems. "For example, data barriers are the blocking points that must be broken, otherwise digital inspection will become water without a source and a tree without roots." The relevant person in charge of the Supreme People's Procuratorate said that to solve this problem, we should not only wake up a large amount of "sleeping" data within the procuratorial organs, but also break through external data barriers and make full use of the Internet to open data. When you come to Zhejiang procuratorial big data center, you can not only see that prosecutors rely on their procuratorial big data legal supervision application to achieve "one place breakthrough and province wide sharing" in the field of procuratorial supervision, but also the political and legal integration case handling application displayed here is quite eye-catching. "Integration not only brings data connectivity, but also brings common ideas and work coordination." Zeng Ji, deputy director of the case management office of the Zhejiang provincial Procuratorate, said that the current application of the integration of politics and law in handling cases connects 12 business systems such as public security, courts and judicial administration, connects 777 units at the provincial, municipal and county levels, and realizes 330 business processes online, covering the whole litigation process and all case handling units of all criminal cases. In 2021, the procuratorial business application system 2.0 has been fully deployed and applied by procuratorial organs across the country, and a large amount of case card data and documents have been gathered on it. "At present, the procuratorial organs have realized the vertical connection of the network and the horizontal connection of applications, but there is still a big gap from the 'big integration'." Shen Guojun, director of the Supreme People's Procuratorate case management office, said that at present, many procuratorial policemen are limited by their inherent case handling thinking, do not pay attention to data mining and analysis, and the big data thinking of active supervision has not yet been deeply rooted in the hearts of the people. In this regard, the Supreme People's Procuratorate requires procuratorates at all levels to take the implementation of procuratorial big data strategy as a "top-level project", and coordinate to solve the key and difficult problems. "According to the requirements of the Supreme People's Procuratorate, leading cadres should establish the awareness of 'one game of chess' through guidance, enhance the big data thinking of procurators, and strive to improve the efficiency of big data legal supervision." Shen Guojun said. (reporter Zhang Cong) (Xinhua News Agency)

Edit:Wei Li Bin    Responsible editor:Yi Bing

Source:legalgmw.cn

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>