On October 18, 2023, Anhui Legal Daily 2nd Edition
Original title
Mingguang Procuratorate Empowers Judicial Assistance with Big Data
Reporter Yuan Zhongfeng Correspondent Qian Xiaoshuai
Since this year, Mingguang People's Procuratorate, relying on the platform of "government procuratorate linkage", has made efforts to break the data barrier between departments, successively obtained more than 170000 pieces of various data, and built a legal supervision model for judicial aid big data. Through the collection, collision and comparison of big data, we comprehensively screened the clues of judicial assistance in cases of this kind, and completed a batch of judicial assistance cases, which ran out of the "acceleration" of judicial assistance.
From "passive assistance" to "active assistance"
In July this year, the Criminal Prosecution Department of Mingguang Procuratorate handed over the clues of a judicial relief case to the complaint department. Wang Moumou, the victim of the case, is a minor and mentally disabled (disability level II). At the end of 2022, Wang was sexually assaulted by the defendant Chen because of his asexual self defense ability. After the crime, Wang received no economic compensation. Wang's mother is also a mentally disabled person. The main source of family income is Wang's father's income from waste collection, which makes life difficult. After examination, the complaint and appeal department believed that Wang met the conditions for judicial assistance, so it requested Chuzhou Procuratorate to provide him with joint assistance, and a total of 30000 yuan of judicial assistance was paid to him. In addition, the complaint and appeal department also actively contacted the civil affairs, street offices and other departments to provide social assistance and assistance to Wang.
In view of the fact that this case may not be an individual case, Mingguang Municipal Procuratorate conducted a comprehensive investigation on families in distress who could not receive civil compensation in time after suffering various illegal violations through the big data supervision model. Since this year, 63 initial clues of judicial assistance have been obtained through collision and comparison of procuratorial business data with court execution data and data of special groups held by relevant administrative departments, up three times year on year.
From "individual case assistance" to "similar case assistance"
In the summer of 2020, 51 people including Hu were hired by Wang to pick peaches in the peach garden. At the end of the work, Mr. Wang failed to pay more than 130000 yuan of labor service fees in time. Hu Moumou and others urged him many times, but Wang Moumou has been delaying payment. Later, Hu and others brought the case to Mingguang People's Court and obtained the support of the judgment. However, the case has been implemented unsuccessfully. Mingguang Procuratorate found this clue when the complaint department compared and screened the civil bank department's support for prosecution data and the court's final implementation data through the big data supervision platform. According to the investigation, 31 of the 51 people including Hu have financial difficulties and no stable source of income, which meet the conditions of national judicial assistance. According to the family's financial difficulties, Mingguang Municipal Procuratorate has now carried out judicial assistance for 23 of them.
In the process of case handling, Mingguang Procuratorate paid great attention to sorting out and analyzing the general characteristics behind the case, focusing on the key information such as personal injury, poor migrant workers, and unpaid compensation. It successively went to civil affairs, the Disabled Persons' Federation, the Municipal Education and Sports Bureau and other departments to obtain more than 40000 pieces of data such as the information of the disabled with certificates, the information of people living on subsistence allowances, and the information of people living in extreme poverty. The big data supervision model is used to carry out targeted collision, comparison and analysis, check the initial clues, and finally realize the leap from case handling to case like processing. Since this year, through big data monitoring model screening, 135000 yuan of judicial aid has been granted to eligible victims.
From "single aid" to "multiple aid"
In order to build a pattern of "diversified assistance", Mingguang Procuratorate, with the help of the "government procuratorate linkage" mechanism, has continuously strengthened the cooperation mechanism with the administrative organs, helping to effectively link the national judicial assistance and social assistance. Since this year, the Municipal Disabled Persons' Federation, the Municipal Civil Affairs Federation, the Municipal Women's Federation and other departments have signed the Implementation Measures on Deepening the Work of "Paying Attention to Women in Difficulties and Strengthening Special Judicial Assistance" and the Implementation Measures on Strengthening the National Judicial Assistance Work for Disabled Minors, and further improved the mechanisms of information sharing, joint assistance, regular joint return visits and so on, Closed loop management, collaborative governance and auxiliary decision-making of rescue clues are realized.
At the same time of carrying out judicial assistance for the identified key groups, a total of 12 clues were sent to the relevant departments for the needs of medical treatment, education, upbringing, support, employment, psychological counseling, etc. During the handling of the case, the complaint and appeal department also actively investigated whether the relevant administrative organ gave the victim assistance and relief at the first time, whether the court exhausted the property investigation measures and the corresponding enforcement measures, and made and issued two inspection suggestions for the relevant administrative organ found in the work to be lazy in performing their duties, urging them to actively perform their duties.
