Science, Technology and Law (Chinese and English) Phase 1, 2023
Under the background of big data strategy Exploring the Ways to Improve the Ability of Procuratorial Supervision
Author: Lu Jianwu
About the author: Member of the Party Leadership Group and Deputy Procurator General of the People's Procuratorate of Anhui Province. His research interests include criminal law and criminal procedure law.
Abstract
In recent years, there have been some problems in the legal supervision work of the procuratorial organs that do not meet the requirements of the new era. The root cause is insufficient supervision ability and supervision means. It is urgent to use big data technology to reshape the procuratorial supervision process, improve the quality and efficiency of supervision, and keep pace with the times. The procuratorial organ should implement the procuratorial big data strategy, accurately grasp the underlying logic behind the digital transformation of procuratorial supervision, clarify the direction of the big data transformation of procuratorial supervision, and make clear the mechanism, channel Carry out targeted analysis on issues such as capacity, make full use of modern science and technology such as big data and artificial intelligence, actively explore the improvement of quality and efficiency of procuratorial supervision, effectively solve the "choke" problems such as blocked supervision information channels, drive the overall improvement of quality and efficiency of procuratorial supervision in the new era with the "digital revolution", and constantly strengthen the procuratorial organ's function of participating in social governance, Better shoulder the historical mission of procuratorial work in the new era.
Keywords
Legal supervision; Big data inspection strategy; Digital prosecutorial; Legal supervision model
At present, cloud computing, blockchain, artificial intelligence and other digital technologies are developing rapidly, and a new round of scientific and technological revolution and industrial transformation are accelerating. The digital revolution is fully integrated into all fields and industries with new ideas, new formats, and new models. Big data has become a key factor to drive economic and social development, profoundly affecting people's way of thinking, production, and life The digital transformation in various fields is no longer a "multiple choice question", but a "required course" for survival and long-term development. The open door of law can no longer avoid the wave of probability, mathematics and data for too long [1].
The CPC Central Committee with Comrade Xi Jinping at the core attaches great importance to the big data strategy. General Secretary Xi Jinping stressed that we should "understand big data, make good use of big data, and enhance our ability to use data to promote all work". The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era proposed that "using big data, blockchain and other technologies to promote the coordinated handling of cases by public security organs, procuratorial organs, judicial organs, judicial administrative organs and other cross sectoral big data". In January 2022, the Supreme People's Procuratorate made the top-level deployment of the procuratorial big data strategy. In June of the same year, the National Conference on Digital Procuratorial Work of Procuratorial Organs requested that "the application of big data should be fully integrated into the whole process of procuratorial performance, so as to achieve the qualitative evolution of procuratorial work in the new era. The digital revolution should drive the quality and efficiency of legal supervision in the new era."
1、 Problems in procuratorial supervision and their causes
（1） Difficulty in finding supervision clues, i.e. "invisible" problem
In the traditional procuratorial supervision work, the supervision clues mainly come from the discovery in handling cases and the complaints reported by the parties, which generally belong to "the procurator will do what others give". The mode of case handling is mainly based on post supervision, written review and closed case handling. The procuratorial organ is in a "blind spot" of the judicial process, and it is difficult to find the supervision clues of the judicial link of law enforcement. Taking the public security cases of public security organs as an example, among a large number of public security cases handled by grass-roots police stations, some cases will change after filing due to the evidence, meeting the criteria for filing criminal cases, and then become criminal cases. For those public security cases that meet the criminal filing standards but have not been converted into criminal cases, because all the procedures are completed within the public security organ, the procuratorial organ cannot know the data of filing, processing and closing of public security cases within the public security organ, so it is difficult to exercise legal supervision power. The "last mile" problem of case filing supervision and investigation supervision is widespread, which does not match the leading responsibility of prosecutors in criminal proceedings.
（2） Poor quality of supervision content, that is, "inaccurate" problem
The procuratorial supervision means are not strong enough, the investigation ability and investigation ability are not fully developed, the "three checks in one" lacks the support of data analysis, the effect is difficult to show, and the quality of supervision content is not high. Taking the supervision of civil proceedings as an example, when the procuratorial organ discovers that the court implements the case clues for investigation and verification, it needs the cooperation of banks, stock exchanges and other institutions to verify the property clues. In reality, it will encounter the situation that the cooperation of relevant institutions is not high, making the investigation and verification power unable to really play its role due to the lack of data, and the accuracy of supervision will be greatly reduced. In practice, because the core issues are not clear and true, and the nature of the judgment is not accurate, the procuratorial recommendations in some cases are not true and accurate, and the binding force is not enough, and the rigidity is not enough.
（3） It is difficult to extend individual cases to similar cases, that is, the problem of "not looking far"
In the traditional procuratorial supervision work, the procuratorial organ is used to handling one case with one clue to solve the problem of case justice, but it is difficult to draw inferences from one instance, systematically check and investigate the system, and achieve the effect of "handling one case and governing one area". Taking the administrative procuratorial supervision as an example, the procuratorial organ found that the court's ruling on the termination of execution did not specify the provisions on the right relief of the parties to raise objections to the executive organ and the time limit for objections. The procuratorial organ could supervise and correct cases according to law, but for other administrative litigation cases, there may be judicial irregularities such as the right and time limit for failure to inform the relief, The procuratorial organ has not been able to dig out the corresponding data and clues from the case, so it stops at a glance.
（4） It is difficult to extend procuratorial handling of cases to social governance, that is, the "invisible" problem
The procuratorial supervision work is not strong enough to find and correct the deep-seated problems, the integration of the four procuratorial businesses is not enough, and each business line is still fighting independently. For example, for the clues of malfeasance and corruption cases behind ordinary criminal cases, and the clues of criminal cases behind public interest litigation cases, there is no integration of case handling data of all lines to form a "data pool" to coordinate and integrate case handling. There is not enough reflection on the common problems, universal problems and deep level problems behind the cases, and no regular problems are found from the scattered data of specific cases, which has limited role in playing the "sharp tool" of supervision to promote the participation, coverage and contribution of social governance.
There are four main reasons behind the above problems:
First, the case handling concept is backward. There is no new concept of using data to speak and make decisions in work, and there is more or less the phenomenon of using the old methods to handle cases and thinking with the old thinking, resulting in the "two skin" of supervision and reality.
Second, the means of procuratorial supervision are limited. The three means of investigation, investigation and review still lack integration mechanism, and the judicial practice lacks institutional support and information technology support. Some of the information systems built in the past focused on reducing the burden on the frontline at the grass-roots level, and the effect was not obvious in terms of enabling supervision and case handling, and providing algorithmic support.
Third, prosecutors' experience in supervising and handling cases has not been effectively precipitated and inherited. The experience of front-line prosecutors in handling procuratorial supervision cases is lost due to the lack of a platform for exchange and precipitation. The valuable experience of procuratorial supervision in handling cases cannot be inherited and promoted in some form.
Fourth, the problem of more cases and fewer people in the grass-roots procuratorates has not been fundamentally solved. Since the 18th National Congress of the Communist Party of China, the per capita number of cases handled by judicial organs has increased by 20%. The effect of information technology to improve efficiency and reduce burden is not obvious. Frontline prosecutors are busy with handling cases, and have no time and energy to sort out and analyze outstanding problems in law enforcement and justice, and think about common governance problems with universal significance in the economic and social fields.
2、 The only way to improve the quality and efficiency of procuratorial supervision - big data strategy
（1） The goal of big data strategy is to reshape the pattern of procuratorial supervision
In the past, procuratorial organs used to regard themselves as a link in the judicial litigation chain, limiting themselves to a "point" in the supervision litigation chain, and focusing on specific case handling work. In the new era, the procuratorial organs need to upgrade from "point" to "face" and "body" to respond to the pattern of procuratorial supervision, that is, why should the procuratorial organs have the data of public security, courts, judicial administrative organs and other government departments? This is because the procuratorial organs should better perform the legal supervision responsibilities entrusted by the Constitution, and timely and accurately find and correct problems in law enforcement and justice.
With the help of digital technology, the procuratorial organ will digitize all the judicial process of law enforcement. What is displayed before the procurator is no longer a case, but a digital twin composed of real data of the judicial process of law enforcement. With the help of the observation of digital twins, the procuratorial organ can rise to a higher dimension to observe and review the panorama of law enforcement and justice, and carry out the whole process supervision of law enforcement and justice activities. The object of procuratorial supervision will no longer be limited to a case or a department, but will carry out a full process and all-round legal supervision from the beginning to the end, from case to case, from part to comprehensive, from part to system.
（2） The essence of big data strategy is the upgrade from informatization to intelligence
Informatization is the application of information technology to business processes to build information systems, mainly realizing the electronic and networked processes, and moving offline business processes online. Under the joint action of computer and network, a large amount of data can be generated, so it is necessary to discuss data and even big data. Informatization, networking and datalization together lay the foundation of intelligence, which is based on datalization and processing of big data. By using the data stored in the informatization stage, we can find and solve problems from the data and break through the business bottleneck. The essence is to "let the number speak" and "let the number become productivity".
1. One of the upgrading strategies: from procuratorial business data to procuratorial data commercialization
The traditional procuratorial informatization work focuses on recording, and its logical chain is: business data problem decision, that is, the informatization system records business processes and produces business data. Some information systems also require front-line prosecutors to manually fill in a large number of data case cards, and the system will find possible problems from the data. Big data strategy requires data empowerment on the front line. Through deep mining of massive data, we can find the internal links and development laws behind the data, providing unprecedented clues for strengthening legal supervision and deepening active performance. Its logical chain is: business data action. Decision making power is directly granted to front-line prosecutors according to authorization rules, Other institutions and departments play a guarantee role. When the data in the business is fed back to the front-line prosecutors, the two stages of finding problems and making decisions are no longer completed by the leadership. Instead, the front-line prosecutors' team makes their own decisions and executes independently under the support of the digital platform, and the platform, data and organization provide support and empowerment.
2. Upgrading strategy II: from strengthening constraints to encouraging innovation
In the traditional informatization stage, the organization mode of the procuratorial organ is still the traditional Max Weber "bureaucracy" mode, that is, power is divided and stratified according to functions and positions, emphasizing rules, levels and constraints. The decisions of the higher procuratorial organs need to be communicated to the front-line prosecutors at all levels, and the problems and difficulties found by the front-line prosecutors in handling cases are reported to the upper levels through the bureaucratic system. In the whole process of upload and release, traditional informatization plays a role of strengthening constraints.
In the context of big data strategy, the procuratorial organ needs to respond quickly to various emergencies and make agile adjustments and iterations to the plans that have been formulated. This requires adjusting the organizational model to the Amiba model, that is, breaking the departmental barriers within the procuratorial organ, encouraging front-line prosecutors to make decisions and perform their duties actively, so as to maintain internal vitality and adjustment ability. For example, local prosecutor teams are authorized to invest resources to explore the supervision model of the same kind of cases at the same time, so that this exploration can continue for a period of time before reaching a conclusion. With the decline in the efficiency of resource use in the short term, the competitive vitality and iterative ability within the organization can be exchanged, and an efficient feedback loop can be formed between the long-term plan and the current action.
（3） The realization path of big data strategy is the systematic change of procuratorial supervision mode
The object, content and requirements of procuratorial supervision in the new era have changed. Procuratorial supervision should not only meet the requirements of a higher level of modernization of social governance, but also bear the political responsibility for overall development and security. It should also maintain social fairness and justice, and meet the new needs of the people in terms of democracy, rule of law, fairness, justice and other aspects of a higher level and richer connotation [3]. The procuratorial supervision work in the new era needs to get rid of case thinking, pursue case like thinking, and carry out digital remodeling. It not only supervises the quality of the whole life cycle of cases, but also considers the overall effect of the quality of law enforcement and justice, and ultimately achieves the effect of social governance in case like governance.
1. One of the paths: the process mode from "rear drive" to "front drive"
The process mode of procuratorial supervision is driven by the front-line handling of cases. In a vivid term, the past procuratorial supervision model was driven by the leadership, which was obstructed by the phenomenon of "hot in the middle and cold in the lower". Now, it is necessary to gradually shift to a mechanism dominated by case handling and driven by front-line pioneers. The front-line driving of case handling means that the procuratorial supervision mode is no longer deployed according to the traditional top-down bureaucratic system, but breaks the hierarchical concept, focuses on solving the needs of front-line case handling, and moves the command power down to the front-line case handling, so that the front-line becomes a real decision-making body. Transform the traditional leadership into a support department, provide necessary data support and logistics support for first-line decision making, and then build a new organizational model. In terms of specific process setting, the procuratorial supervision process is designed in reverse, and the front-line case handling needs are taken as the starting point of process setting, so that "people who hear the gunfire make decisions" is truly achieved. All processes that do not meet the front-line needs of case handling are streamlined, all for the front-line thinking, all for case handling services.
2. Path 2: "front-line"+"platform" organizational model
The organizational model of procuratorial supervision has been transformed into a front-line team and a rear platform. The front-line team refers to building the front-line prosecutor team into a diversified, high-quality, versatile and modular organization form. The team members are composed of prosecutors and technicians who are proficient in procuratorial business and have awareness of investigation, investigation and review, and serve as the core of initiation, analysis, decision-making and implementation of procuratorial supervision business. The platform refers to the procuratorial big data center integrating data, computing power and knowledge base, which is responsible for providing support for front-line teams in computing power, database and other intelligent auxiliary tools. The reform of the procuratorial supervision organization mode is closely centered on the front-line procurator team, effectively reducing the burden and unnecessary work content of the front-line procurators, so that prosecutors can focus all their energy on case handling and supervision. When front-line prosecutors find supervision clues in handling cases, they have the right to directly obtain platform support within the scope of authorization, without the need for layer by layer approval.
3. Path 3: "business"+"technology" driving mode
The driving mode of procuratorial supervision has changed to business driven technological progress. The relationship between the traditional technology and the procuratorial business is a technology supply dependent model. How high the existing technical capabilities are, how many business problems can be solved. The development of the procuratorial supervision business is constrained by the application degree of a specific technology. The reform of procuratorial supervision driven mode in the context of big data is to use business driven technology, rather than technology driven business in people's traditional ideas. Integrate prosecutors and technicians into a team, so that technicians can truly understand the procuratorial supervision business and better understand the needs of procuratorial supervision; Let the role of prosecutors shift from "dissociation" to "embeddedness", not only focusing on theoretical research, ethical regulation, practical observation and effectiveness evaluation, but also substantially participating in technology research and development, playing the role of legal knowledge engineer [4]. Through the co growth of digital technology and procuratorial supervision business, the digital supervision case handling mode of "business oriented and technology supported" is defined, so that the technical ability can evolve and iterate according to the needs of procuratorial supervision business, and the big data effect can be maximized.
4. Route 4: "investigation+review+investigation"
The case handling mode of procuratorial supervision has changed to "three checks in one". The traditional case handling mode is to strictly follow the procedural provisions of the procedural law and work according to the process, steps and order. Prosecutors have a strong ability to find defects, see problems and find flaws in their files. However, the awareness of investigation and investigation is weak, the initiative is insufficient, and the construction ability of "from scratch" is poor. The case handling mode of "three investigations in one" refers to that prosecutors comprehensively use the three abilities of investigation, investigation and review, from the original sit and talk, review files to team cooperation, internal and external coordination, dynamic adjustment, exercise the investigation ability of "from scratch" and the investigation ability of "drawing inferences from one instance", and then get through criminal prosecution, civil administrative prosecution Business barriers between public interest litigation prosecutors. From a historical perspective, the "three checks in one" model is essentially an upgraded version of big data of the traditional "public prosecution leading investigation" system.
（4） The core of big data strategy is the big data legal supervision model
In 2021, the Political and Legal Affairs Commission of the Central Committee proposed to "build a special supervision model, find abnormal clues and achieve accurate supervision through intelligent screening and comparative analysis of massive data" [5]. The reason why the legal supervision model has become the core key to the implementation of big data strategy is that the bottom of the legal supervision model is deductive logic, consistent with the bottom methodology of legal philosophy, and best matches the thinking mode and case handling mode of front-line prosecutors.
1. The algorithm essence of the model is a digital mirror image of the elements of crime
Taking the criminal prosecution as an example, the so-called algorithm in the big data legal supervision model, in a word, is the digital reorganization of the elements of crime in the specific provisions of the criminal law. The prosecutor will investigate the facts of the crime clearly, analyze the facts of the time, process, means and personnel of the crime from the individual cases, and build a "criminal image" in the digital environment. This kind of "digital mirror image" is based on the constitutive elements of the crime of a case, and it breaks down the elements into one by one, which is closer to the working practice and thinking habits of front-line prosecutors. Front line prosecutors can easily start to analyze the cases in hand and sort out the elements. The mirror image is constructed by one element that constitutes a crime, and each element points to several databases. The subsequent work is to make the data collide in the virtual "crime image" until the data that meets all the elements of the image are screened out. These data are the clues of legal supervision and the source of similar cases.
2. The operation logic of the model is judicial syllogism
The operation logic of the big data legal supervision model is a judicial syllogism familiar to legal people. In the 19th century, syllogism in geometry and logic was introduced into law, and judicial syllogism was born. Judicial syllogism is a kind of deductive logic. It takes legal norms as the major premise, specific case facts as the minor premise, and deduces conclusions according to logical syllogism to ensure the rationality and certainty of the legal application process from the formal framework.
The digital image in the supervision model is the "big premise" in the judicial syllogism, that is, clear rules; The scene database pointed to by the elements in the supervision model is the "small premise", that is, the objective facts; The process of data collision according to rules is logical reasoning. The monitoring model uses big data technology to screen, compare, and collide data scattered in various databases that do not seem to have any relationship with each other, and then produces intersection and concatenation. This operation process is to analyze and disassemble a large category (data image) to get a small category (scene database), This small category is a logical process completely wrapped by the large category. In this way, the process from the large category to the small category can be obtained through deductive reasoning, and the inevitability relationship between the two categories after deductive logical reasoning can be clearly defined, that is, all database data conforming to the data image are supervision clues.
3. The data requirements of the model are closely related to specific scenarios
The elements sorted out in the big data legal supervision model point to which data needs are very clear. The data is closely linked with the procuratorial supervision business scenarios and specific cases, avoiding the misunderstanding of requiring data away from the case handling scenarios. Taking the field of civil enforcement as an example, the person under enforcement maliciously used the principle of "sale does not break the lease" to fabricate a long-term lease contract for the property to be auctioned, resulting in no bidding during the "auction with rent", and ultimately the relevant stakeholders bought it at a low price.
The algorithm process of this kind of civil execution legal supervision case should first establish three elements for the implementation of such illegal acts: a. civil execution auction case with long-term lease contract; b. Lease contract with one-time payment of rent; c. The auction result that the auction price is significantly lower than the market evaluation price, build a "criminal image" of the three elements, and then b. The data in the database pointed to by element c are collected, and finally the data that meet the requirements of the three elements are sorted out by using statistical analysis, data collision, feature screening, graph calculation, etc., which is the clue of legal supervision of long lease auction.
4. The data comparison method of the model is highly consistent with the "integrated" supervision concept
The preliminary investigation and investigation work in the judicial handling of cases, because the clues are not clear and the details are not clear, the slightest disturbance will cause the clues to disappear. In the digital world, the whole process of the four tasks in the big data legal supervision model, namely, the separation of elements of crime constitutive elements, the construction of "digital image", database matching, and data collision comparison, is completed in the digital world. Prosecutors can investigate "cleanly" without leaving traces; Do "quiet" investigation and do not disturb the criminal suspect; The "detailed" review shall be carried out, and no dead space shall be left for data matching; It is more consistent with the concept of "integrated" supervision to obtain solid evidence without disturbing anyone and institutions.
5. The low coupling structure of the model has the advantage of modularization
The "digital image" of the big data legal supervision model is composed of different elements, which naturally has the characteristics of low cost, high efficiency and easy matching of modular structure. You can add or delete modules according to the actual situation to match various new fields and types of cases, and get data results in different business scenarios through data collision in different databases. This "low coupling" and modular feature is more suitable for the integration and mutual borrowing of criminal prosecution, civil prosecution, administrative prosecution and public interest litigation under the background of big data, giving full play to the advantages and functions of procuratorial organs in the social governance system.
3、 Exploration and practice of improving the quality and efficiency of procuratorial supervision in the context of big data strategy
（1） Exploration on the application of the technology of procuratorial supervision and case handling to reduce the burden
An important pain point for prosecutors in the prosecutorial supervision scene is that there are many cases, few people and few people, and they have no time and energy to explore the supervision clues. The procuratorial organ of A province has anchored the front-line demand, implemented the "front-line procurator experience optimization project", digitally improved and upgraded the information system built by the procuratorial organ over the years, flexibly applied big data technology, improved the scientific, intelligent and humanistic level of the system, improved the use experience of prosecutors, and solved the "urgent, difficult, anxious, and hopeful" problems of front-line prosecutors, Effectively improve the efficiency and reduce the burden for the front line, and truly realize "digital empowerment" to help the high-quality development of the procuratorial cause.
1. Case card backfilling technology
When prosecutors handle cases in the unified business system, case card filling is a tedious and time-consuming normalization work. Taking criminal cases as an example, the case management department needs to fill in about 180 case cards during the acceptance stage, and the prosecutor needs to fill in about 220 case cards during the review and prosecution stage. The case card backfilling technology can analyze, identify and extract the contents of the documents transferred to the procuratorial organ, load the relevant case cards of this document category, fill in the results returned by the case card extraction engine to the corresponding case card items, help the procurators to extricate themselves from repetitive and mechanical work, and ensure that the case card information is complete, accurate and standardized. Since the application of case card backfilling technology, the procuratorial organ of A province has automatically filled in and recorded case cards 33953 times in total, of which, the backfilling rate of a single case in the case management acceptance stage of the grass-roots procuratorate reached more than 90%, greatly reducing the workload of front-line prosecutors to fill in and report case card data manually.
2. Automatic document generation technology
In recent years, the number of drunk driving cases in A province has soared, and front-line prosecutors are facing the problem of more cases and less people, and the unequal allocation of judicial resources. The automatic generation technology of drunken driving case documents automatically generates tabular and element type review reports by identifying the natural language of the case electronic files and adopting the method of element fixed-point embedding, which saves the front-line prosecutors' time and energy on simple cases and gives them more time to handle difficult and complex cases. For a dangerous driving case with an investigation file of about 200 pages, the whole process from the entry of the entire electronic file to the generation of the review report is completed within 10 minutes, which can save about 80% of the time compared with the previous time when prosecutors read, extract and write the review report themselves.
3. Mobile marking technology
Mobile marking technology uses big data technologies such as OCR recognition of electronic files, structured presentation of flaw annotations, and voice assisted testimony in court to help prosecutors review and annotate electronic files via tablet computers at any time and anywhere in case handling scenarios such as business trip, review, report, and court appearance, and synchronously generate documents such as rejection outline and proof outline, Realized the intellectualization of electronic file analysis and the mobility of the whole process case handling link. Through the pilot use of nearly 100 cases, under the single track handling environment of criminal cases, prosecutors can complete all the work from accepting cases to reviewing and prosecuting to appearing in court to support public prosecution with a mobile scoring system. The data is all in one book. The evidence is like a movie, which effectively breaks the "data barrier" and lays a good practical foundation for the comprehensive deployment of the reform of the criminal case single track system.
4. Sentencing auxiliary technology
The quality of sentencing suggestions not only functions and affects the accused, but also effectively supervises and restricts the trial activities, making the procuratorial organ's supervision focus develop from a single "conviction" to a comprehensive "conviction" and "quantitative" [6]. Since the implementation of the system of leniency in pleading guilty and punishment, the refusal to sign the affidavit and appeal after the judgment often occur due to the uncertainty of the sentencing circumstances and the range of sentencing. The sentencing assistance technology focuses on common crimes at the grass-roots level such as dangerous driving, theft, and obstruction of official duties. According to the "two high" and the sentencing standards issued by A province, and according to the specific facts and circumstances of the crime, it calculates the term of imprisonment or the scope of the term of imprisonment in a standardized way. After comprehensive analysis, it provides the prosecutors with accurate sentencing results, and can achieve real-time calculation and demonstration in the negotiation phase of pleading guilty and punishment, Restore each link and specific value in sentencing, dispel various doubts of criminal suspects and defense lawyers, effectively improve the implementation efficiency of the system of confession, punishment and leniency, and reduce the time cost of repeated negotiation by front-line prosecutors. Since the technology has been deployed and tested by the courts and procuratorates in District B of H City, among the more than 2000 cases handled, the rate of pleading guilty to punishment has reached 96%, the application rate of quick judgment has reached 90.24%, the adoption rate of sentencing suggestions has reached 100%, and the appeal rate is lower than 0.5%.
（2） Exploration on the construction and application of big data platform for procuratorial supervision
Realizing the importance of legal big data is only scientific enlightenment, and the basic construction of legal big data is the first step towards the "industrial revolution" [7]. The National Procurator General (Enlarged) Conference in 2022 clearly requires that "procuratorates at all levels, first of all provincial and municipal level, should resolve to overcome big data barriers and fully obtain relevant data in all aspects".
1. Actively participate in the construction and application of the cross departmental integration and collaborative case handling platform of politics and law
The procuratorate of A province has actively participated in the construction of the platform for the integrated and coordinated handling of cases across departments of politics and law. The platform for the integrated and coordinated handling of cases across departments of politics and law has adopted the structure of "one center and four platforms", covering four units of the public security, procuratorial and legal departments. It has achieved 100% full coverage of procuratorial case handling units and 100% online circulation of cases of common criminal charges investigated and handled by public security organs. In the early stage of construction, the main line is the whole process connection and the whole business collaboration, to break through the data barrier, to firmly promote the "single track system" criminal case handling mode, and to promote the completion of data sharing standards, the construction of a mutual trust and mutual recognition system. By the end of 2021, the platform has completed the circulation, review, approval and arrest of 20000 cases, the review and prosecution of more than 50000 cases, and the filing of more than 40000 public prosecution cases, initially realizing the cooperation, interconnection, joint construction and sharing of criminal case business among public security organs, procuratorial organs, judicial organs, and judicial administrative organs.
2. Construction and application of procuratorial big data analysis platform
The Provincial Procuratorate of A started to build a "big data analysis platform for procuratorial work" throughout the whole data cycle. Structurally, it is subdivided into two parts: the basic data platform and the case handling platform. The "basic data platform" includes the existing data of the procuratorial organs and the data resources collected and generated by various administrative organs in the field of social governance under the framework of "government procuratorial linkage". It is gradually integrating data resources covering the themes of social development in various fields, and promoting the standardization of data asset registration, Gradually realize the asset management of procuratorial data. The "case handling platform" integrates common, basic and necessary system capabilities, such as computing power and data warehouse, and undertakes the legal supervision model developed by the procuratorial organs at all levels of the province. The case handling platform is responsible for data collision and data calculation, and the calculated results are pushed to the prosecutor for subsequent investigation. According to the data collision results, the prosecutor is regularly reminded to upload the investigation and investigation results. The platform can provide different database modules and calculate according to different types of cases and algorithms, push the results to prosecutors, and truly "empower" prosecutors.
（3） Exploration on the application of big data legal supervision model in case handling
The legal supervision power of procuratorial organs cannot exist alone without handling cases. Without handling cases, supervision is a castle in the air, and without handling cases, supervision is water without a source. The procuratorial organ of A province has made great efforts to explore the application of big data legal supervision model in case handling, meticulously polished the practical application of "small, refined and specialized", collected collision related data, and found hidden supervision clues. Apply the model to specific cases, optimize the allocation of procuratorial resources, highlight the function of legal supervision, enhance the effectiveness of legal supervision, and improve the level of legal supervision [9].
1. From case supervision to case like supervision - legal supervision model of administrative non litigation execution
Compared with procuratorial case supervision, procuratorial case supervision focuses on the unity of judgment standards and judgment scales for the same or similar cases in terms of basic facts, focus of dispute, application of law, etc. The purpose of procuratorial case supervision is to ensure the uniform standard of law application [10]. When examining the administrative punishment file of the planning bureau of a certain place, the District Y Procuratorate found that the highway administration bureau had been subject to administrative punishment for illegally occupying the village collective land for highway construction, but the highway administration bureau had not fulfilled the administrative punishment, and the planning bureau had not applied to the court to enforce the Administrative Punishment Decision. The procuratorate of District Y issued procuratorial suggestions to the Planning Bureau and the District Court according to law, and the District Court filed the case after receiving the procuratorial suggestions.
In the process of handling cases, the District Y Procuratorate realized that the procuratorial organ's supervision of administrative non litigation enforcement cases needed to be strengthened, so it developed a "legal supervision model of administrative non litigation enforcement" with the help of big data technology, as shown in Figure 1: First, the model first captured the document number of the administrative penalty decision of the administrative organ, the name of the party Data such as the application enforcement date are analyzed as elements; Second, the model analyzes the data of the court's acceptance of the administrative organ's application for non litigation enforcement filing information, the party's administrative litigation information, administrative rulings and other data to screen out suspected supervision clues; The third step is to obtain court files in a targeted way, carry out accurate analysis and judgment, and accurately determine effective case source information through the organic combination of big data and manual research and judgment. On the basis of analyzing cases and sorting out elements, District Y Procuratorate built a model to promote the governance of similar cases, and carried out special activities on supervision of non litigation enforcement cases in the field of land law enforcement investigation. In the past two years, the local procuratorial organ handled 18 non litigation enforcement supervision cases in the field of land law enforcement investigation, involving a fine of more than 5 million yuan.
2. From passive supervision to active supervision - legal supervision model of criminal filing
Figure 1 Analysis process of case elements of the supervision model of administrative non litigation execution in District Y
The difficulty in supervision of administrative law enforcement is a typical problem faced by procuratorial supervision. The traditional linkage mechanism between administrative law enforcement and criminal justice is mainly based on the consultation between departments. As a transitional remedy, it lacks both legal basis and systematic theoretical support [11]. Procuratorial supervision is trapped in poor knowledge and lagging supervision. Based on case filing supervision, it is an important path choice for the transformation and development of procuratorial supervision to supervise the administrative organs to keep the case and replace punishment with punishment through the mechanism of "convergence of the two laws". At the beginning of 2022, according to the requirements of the Plan on Establishing a "Government Procuratorate Linkage" Working Mechanism of A Province, the Procuratorate of A Province, taking the opportunity of implementing the "No. 8 Procuratorial Recommendation" of the Supreme People's Procuratorate, developed a criminal case filing supervision model for the connection between administrative law enforcement and criminal justice. Connect and share key information such as law enforcement object information, law enforcement behavior information, and statistical information of major hazard sources in the law enforcement system of the provincial emergency management information platform, so as to realize the sharing of law enforcement information resources and achieve smooth supervision channels.
When the Procuratorate of S County handled the case of a major labor safety accident and a major liability accident involving Zhang and other three people, on the one hand, it took the initiative to intervene in advance to achieve an efficient connection between administrative law enforcement and criminal justice, and the sentencing suggestions put forward in the prosecution phase were all adopted by the court. On the other hand, relying on the model, the Procuratorate of S County further strengthens the information exchange with law enforcement agencies, realizes the prompt recommendation of relevant administrative departments to transfer criminal clues to the public security organs, comprehensively strengthens the legal supervision of production safety accident cases, and practically solves the outstanding problems in the safety production supervision within its jurisdiction.
Since 2022, with the help of the "linkage between government and procuratorate" mechanism, the criminal case filing supervision model of A province has intervened in 24 cases (times) of production safety related crimes in advance, put forward 58 suggestions for guiding investigation, made and issued 258 procuratorial suggestions on production safety, accepted 39 clues for case filing and supervision transferred by administrative law enforcement units, and supervised the filing of 28 cases. Through active and active inspection and supervision, from January to August 2022, the number of production safety accidents and deaths in Province A decreased by 27.7% and 28.95% year on year.
3. From supervision and handling of cases to social governance - supervision model of takeaway platform violation clues
Figure 2 Abnormal Data Checked out by H City Procuratorate Using the System
In the special activity of promoting public interest litigation on food safety, the Procuratorate of H City found that a large number of food delivery platform businesses had irregular business scope, and the people strongly reflected on the food safety situation. From 2019, The People's Procuratorate of H City has developed the "supervision model for violation clues of the takeaway platform", as shown in Figure 2. It analyzes the website structure of the takeaway platform, grabs the business license and food business license of the takeaway merchant by building URL parameters, uses OCR technology to identify relevant certificates, and automatically finds that the business has not publicized the license to operate, and the business license exceeds the specified period by comparing model data Common problem clues such as out of scope operation.
With the powerful data collection and analysis ability and clue discovery ability of the model, the Procuratorate of H City organized and carried out a special supervision activity of procuratorial public interest litigation to "ensure the safety of thousands of households", carried out a rolling inspection and supervision on 1536 catering service providers on the "Meituan" and "Baidu" delivery platforms in the jurisdiction, and found a total of more than 40 business leads with irregular operation. The procuratorial organs at the two levels of H city classified and summarized the clues of model troubleshooting, and sent five procuratorial suggestions to the market supervision and administration departments at the two levels of H city, suggesting strengthening the management and supervision of the merchants of the foreign sales platform. With the help of big data supervision model, the procuratorial organ of H city guides the procuratorial work of public interest litigation to explore the social governance link, promotes traceability governance through procuratorial supervision, turns attack into prevention, and turns passivity into initiative. With the cooperation and support of administrative organs, good social governance results have been achieved in the field of food safety.
The report of the Twentieth National Congress of the Communist Party of China (CPC) requires "strengthening the restriction and supervision of judicial activities, promoting judicial justice, and strengthening the legal supervision of procuratorial organs." The improvement of procuratorial supervision capability under the background of big data strategy is to achieve the integration of "investigation, review, and investigation" with the help of big data legal supervision model under the support of digital technology, and eliminate the failure to establish cases There are blind spots in the supervision of cases that are suppressed and not investigated, as well as activities that violate administrative laws or are negligent in exercising their functions and powers. Promote the system construction of clue discovery, case type supervision, and source of litigation governance, ensure that the same situation is handled equally, and standardize law enforcement and judicial case handling. We will explore a new era of fine control line of procuratorial organs over law enforcement and justice, and solve the problem that insufficient supervision of law enforcement and justice constraints affect the authority of law enforcement and justice. Under the general requirement of comprehensively governing the country according to law, we should realize effective supervision over administrative organs, investigation organs and judicial organs, truly transform the advantages of modern science and technology into the effectiveness of legal supervision, and walk out a path of procuratorial supervision of "case handling - class case supervision - systematic governance".
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Note: For the convenience of reading, the original notes have been omitted
