Digitalization Empowers the Modernization of Civil Prosecutors
2024-06-17
The iterative upgrading of digital technology provides new opportunities for the transformation of civil procuratorial supervision. As an important part of modern rule of law, civil prosecutorial supervision embodies values and concepts that deeply align with digital thinking. Deepening the digitization of civil prosecution work is a systematic project that requires the joint participation of multiple parties and the implementation of various measures. Establish a concept of case supervision led by digitization, integrate digital thinking throughout civil procuratorial supervision, and cultivate the awareness of discovering clues from individual cases. Therefore, the procuratorial organs should focus on innovation, promote the accelerated development of new productive forces, and enable data, a new type of production factor, to be rapidly integrated into procuratorial work in a digital form. The "2023-2027 Procuratorial Reform Work Plan" issued by the Supreme People's Procuratorate points out that strengthening the legal supervision of the procuratorial organs is the overall focus, deepening the coordinated performance of the "four major procuratorates", and deepening the implementation of the digital procuratorial strategy. The implementation of digital prosecutorial strategy is a revolution in legal supervision methods and an important basis for improving legal supervision capabilities. The iterative upgrading of digital technology provides new opportunities for the modernization of civil prosecution. As an important part of modern rule of law, civil prosecutorial supervision embodies values and concepts that deeply align with digital thinking. The upgrading and application of digital technology can help reshape the traditional civil procuratorial supervision mechanism, comprehensively guarantee the quality and efficiency of civil procuratorial supervision, and promote the high-quality development of civil procuratorial work. Digital thinking aligns with the values of supervision. The connotation of digital prosecution is rich and diverse, accompanied by the transformation and upgrading of technology, empowerment, and content paradigms, while also shaping, proving, and achieving digital justice in the process of promoting modernization of the rule of law. Digital technology is not about changing the essence of justice, but about reshaping the appearance and form of justice. The concept of safeguarding people's rights and ensuring fairness and justice runs through every case, which is always the core value of justice. However, digital justice improves quality and efficiency through new forms of big data and information technology. Big data technology can more comprehensively and systematically quantify and evaluate the quality and effectiveness of procuratorial organs in handling civil supervision and other cases. By penetrating individual cases, it can explore and uncover deeper supervision clues. The collection, investigation, and handling of false litigation cases have always troubled civil prosecutors. In the vast amount of civil judgment documents, procuratorial organs can conduct comprehensive searches using keywords such as "private lending", "divorce property division", "traffic accident insurance compensation", "the same plaintiff (excluding intensive lawsuits by banks, insurance companies, etc.)", "single evidence (with and only promissory notes)", "self admission", "civil mediation", "default judgment", "short settlement time", "public notice delivery", etc. By empowering intelligent screening and supervision information with data, the difficulties and bottlenecks of the case will be resolved, and new supervision points may be born, thus achieving twice the result with half the effort. Digital technology shapes the mechanism of civil procuratorial supervision. Promoting the deep integration of digital technology and civil procuratorial supervision mechanisms has become a key focus of work for procuratorial organs at all levels in recent years. The penetration of digital thinking and the protection of digital justice anchor the direction of development and transformation of civil procuratorial supervision at the macro abstract level. Applying intelligent, networked, and digital technologies to procuratorial work is conducive to reshaping the mechanism of civil procuratorial supervision at the micro level. The civil procuratorial supervision mechanism in the era of big data is gradually undergoing a qualitative transformation. The construction of data application platforms, the application of information sharing mechanisms, and the promotion of data supervision models are closely related to the daily work of procuratorial organs. The data sources of case facts cover a wide range, such as judicial judgment documents, basic information of parties involved, and loan transaction records. These data information even include audiovisual materials, graphical tables. The procuratorial organs can use digital technology to intelligently mine, collect, and organize fragmented case information, systematically sort out case elements, construct precise supervision models, identify and extract case supervision points, manage and apply case supervision clues, and achieve the organic unity of traditional supervision and digital supervision, precise case supervision and case supervision, quantity and quality of supervision. Take multiple measures to build a digital procuratorial work model. Deepening the digitization of civil prosecution work is a systematic project that requires the joint participation of multiple parties and the implementation of various measures. Building a digital prosecutorial work model with "business leadership, data integration, technical support, and emphasis on application" is the fundamental strategy to promote the process of digital rule of law and an important way to achieve high-quality development of digital prosecutorial work. One is business leadership, improving business quality, and achieving human-machine integration. Digital technology has advantages that humans do not have in legal literature retrieval, case data collection, and deep clue mining. Prosecutors should not overly rely on digital technology when handling cases, but also strive to improve their professional skills and abilities, and exert their initiative. The origin of civil law determines that when handling civil prosecutorial supervision cases, prosecutors must coordinate with social norms such as civil customs and morals recognized by the general public in a specific time and space, as well as the established lifestyle and behavior patterns. At the same time, civil prosecutors also need to exercise their due diligence to investigate and verify the authenticity and accuracy of data sources, and properly handle the relationship between online data screening and offline investigation and verification. Only under the concept of business leadership, using technology driven engines to build digital supervision models, can civil prosecutors truly achieve human-machine integration, innovate civil prosecution supervision and case handling methods, and expand data application scenarios. The second is data integration, promoting information sharing and breaking down data silos. The preliminary collection, systematic screening, and final integration of data are the prerequisites and foundation for empowering civil procuratorial supervision through digitization. The object of civil procuratorial supervision focuses on the judgment results, trial procedures, and execution procedures, and requires access to data related to court trials and execution. When it comes to cases involving false litigation, criminal and civil cross disciplinary cases, the civil procuratorial department needs to engage in multi-party interaction with the criminal procuratorial department and public security organs, investigate the facts of the crime, and correct the civil judgment. Accelerate the construction of a data sharing platform between local public security organs, procuratorial organs, and judicial organs at a horizontal level, further break down data barriers between various organs, achieve larger scale data interconnection, co construction and sharing, and consolidate judicial cooperation. Given the integrated performance of the procuratorial organs, it is also necessary to strengthen communication and exchange between the upper and lower levels of the procuratorial organs at the vertical level, in order to expand the basic database of the civil intelligent procuratorial system, transform "information silos" into "integrated sharing", and fully demonstrate the unique advantages and application value of the integrated performance of the procuratorial organs. When promoting collaborative sharing of big data information, the relationship between data sharing and data security should also be well handled, and the bottom line of data security should be firmly guarded. The third is technical support, strengthening team building, and cultivating versatile talents. Adhere to the principle of "talent is the first resource" and "talent leads and drives" proposed in the report of the 20th National Congress of the Communist Party of China, and regard forging digital procuratorial talents in the new era as the core element to promote the steady development of civil digital procuratorial work. Combining the political attributes of the procuratorial organs with the technical characteristics of digital prosecution, high political literacy, precise digital business, and strong innovation ability can be regarded as the three main standards for talent cultivation. Firstly, firm political stance. Secondly, proficient in digital technology. Establish a concept of case supervision led by digitization, integrate digital thinking throughout civil procuratorial supervision, and cultivate the awareness of discovering clues from individual cases. Attempt to construct a data supervision model in case handling, continuously train the basic thinking of digital modeling, and break through the insurmountable "business barrier" or "knowledge barrier" of digital technology. Thirdly, cultivate innovative abilities. The procuratorial organs can cooperate with universities and research institutes to promote the integration of prosecution, academia, and research, gradually cultivate independent innovation capabilities and a team of versatile talents. The fourth is to focus on application, coordinate and efficiently promote, and reasonably and finely layout. At present, digital prosecution is still in the exploratory stage, and the introduction of new digital technologies can be regarded as an innovative pilot work, and it is also a good opportunity for local procuratorial organs to emerge. The civil prosecution department and digital office of the provincial procuratorate can play a leading and leading role, combine with the current development status of local digital technology, independently establish and develop practical digital prosecution platforms and similar case supervision models that are compatible with this technology, timely coordinate relevant departments to provide synchronous guidance to local and municipal procuratorial organs, and avoid blind construction. As a hub connecting provincial and grassroots procuratorates, municipal procuratorates need to continuously improve their technical upgrading work. Grassroots procuratorates can discover typical problems in handling cases, and by sorting out individual cases, try to use digital technology to continuously verify and develop new supervision models, providing practical basis and application scenarios for the development of models and technological upgrades by municipal procuratorates. The work layout and coordinated promotion of the provincial, municipal, and county level courts will help to create a supervision system for civil prosecution, which includes case sorting, digital case supervision, and social governance. (Author Gao Feng, Unit: People's Procuratorate of Chengdu High tech Industrial Development Zone, Sichuan Province)
Edit：Jia jia Responsible editor：Liling
Source：jcrb.com
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