Typical cases of judicial assistance in big data enabling cases

(The first batch)

Keywords

Big data model of judicial assistance Judicial assistance service Substantial work platform for rural revitalization Procuratorate government linkage to improve the efficiency of successional assistance

[Main point]

With regard to the problems in the judicial assistance work, such as the lack of smooth information connection, inconsistent rescue standards, and untimely departmental coordination, the procuratorial organ can strengthen communication and coordination with relevant functional departments of the government, break information barriers, integrate the big data work platform for judicial assistance, and build a big data model for judicial assistance relying on the platform, Realize the information sharing of judicial assistance and social assistance. Through data monitoring and research and judgment, identify the assistance objects, accurately calculate the amount of assistance, and simultaneously carry out judicial assistance and classified assistance, so as to better consolidate and expand the achievements of poverty alleviation and help comprehensively promote rural revitalization.

[Clue Discovery]

Since the Supreme People's Procuratorate and the National Bureau of Rural Revitalization deployed the special activity of "judicial assistance to comprehensively promote rural revitalization", the People's Procuratorate of Guanyun County, Jiangsu Province, has found that the procuratorial organs are facing new situations and new requirements in carrying out judicial assistance work, and some traditional working methods and mechanisms can no longer meet the objective needs of better protecting the rights and interests of vulnerable groups involved in the case. In practice, the procuratorial organ did not know whether the families of the parties were trapped due to the case. On the one hand, the procuratorial organ failed to "save as needed" for the objects that should be rescued; On the other hand, in addition to the applicant's self statement or the certification materials provided by the applicant's village (community), the procuratorial organ also needs to carry out necessary investigation and verification of the applicant's family situation, resulting in a long time for judicial assistance. In addition, the phenomenon of "different assistance" in similar cases or cases with similar plight of victims also appeared in practice, which affected the rescue effect.

Data Enabling

In the context of accelerating digital procuratorial work, the People's Procuratorate of Guanyun County, relying on the connection mechanism between judicial assistance and social assistance, actively considers the practical path of data enabled judicial assistance work around the strategic plan of rural revitalization, and explores the construction of an integrated platform for information based assistance. Through coordination with relevant departments of the county, the People's Procuratorate of Guanyun County has established a substantive work platform of judicial assistance service for rural revitalization in its 12309 procuratorial service center.

This platform is a big data platform for judicial assistance jointly built by the procuratorate and the government. Its main structure is the big data application of "one pool, one system, one standard and multiple cycles". "One pool" refers to the data pool gathered by accessing the local databases in the National Social Assistance Business Information System, the National Child Welfare Information System, the National Disabled Persons' Federation Information Service Platform, the Jiangsu Medical Security Information Platform, and the Jiangsu Trade Union Information Management System for Workers in Difficulties. "One system" means that, after the Guanyun County People's Procuratorate asked for instructions and reported, the Political and Legal Affairs Commission of the county party committee led the countersignature of the Opinions on Establishing and Improving the National Judicial Assistance and Other Social Assistance Linkage Mechanism to Boost Rural Revitalization with 20 relevant units in the county, including rural revitalization, civil affairs, and the Disabled Persons' Federation, and comprehensively used psychological assistance, civil affairs relief, medical assistance, education assistance The "1+20+N" multi aid and assistance mechanism has been established through "N" kinds of aid and assistance modes such as skills training, employment guidance and legal aid. "One standard" refers to the Detailed Rules for the Implementation of the Classified Quantification Standards of Judicial Assistance Funds formulated by the People's Procuratorate of Guanyun County to solve the problem of "different assistance for the same case". According to the various quantitative elements in the Detailed Rules, we can build a legal intelligence model by establishing a rule digital algorithm, accurately calculate the specific amount of assistance for each case, and ensure fair assistance. "Multi circulation" means that the People's Procuratorate of Guanyun County has jointly established a leading group for platform construction and application with multiple departments. At present, eight communication channels have been established with the County Rural Revitalization Bureau, Civil Affairs Bureau, Disabled Persons' Federation, Federation of Trade Unions, Women's Federation, Medical Insurance Bureau, Justice Bureau and other units. While the procuratorial organs realize rapid query by virtue of the platform, Timely push the judicial assistance information to the relevant functional departments, guide the development of social assistance and assistance, form multiple cycles, and realize the effective connection and synchronous development of judicial assistance and social assistance.

（1） Data source

The substantive work platform of judicial assistance service for rural revitalization adheres to the focus orientation and demand orientation. In the early stage, through manual entry, offline data import and other methods, the information of low-income households, low-income households, children in distress, and the disabled in the county was imported into the platform, and the data was updated once a month to initially achieve data pool collection. In the later stage, websites such as the Internet, the government intranet, and the procuratorial work network will be built and incorporated into the information provided by the County Federation of Trade Unions, the Medical Insurance Bureau, and the Women's Federation on difficult workers, medical aid recipients, and women with "two cancers", and an information collection center containing six systems, eight types of data, and one online petition information system of the procuratorial organ will be formed to realize real-time data sharing.

（2） Data elements

include:

1. Low income people; 2. Children in distress; 3. Disabled persons with certificates; 4. Difficult employees; 5. Objects of medical assistance; 6. Women in need; 7. Other difficult personnel.

（3） Data model

Based on the Opinions on Establishing and Improving the National Judicial Assistance System (Trial), the Detailed Rules for the People's Procuratorate to Carry out the National Judicial Assistance Work, the Interim Measures for Social Assistance (Revised in 2019), and the Opinions of the General Office of the Jiangsu Provincial Government on Strengthening Social Assistance Work, six research and judgment rules were refined and two data models were constructed.

Model 1: Data model for screening the rescued objects

1. Applicable objects

It is mainly used for victims and their close relatives or complainants in five major types of cases: cases of personal injury caused by injury or disability due to criminal cases or civil tort cases such as traffic accidents, cases of major property losses caused by cases, cases involving support of vulnerable groups such as alimony, alimony, and upbringing fees, and cases involving legal and litigation letters and visits.

2. Analysis method

When the case management and other business departments of the procuratorial organ find that the victims may be low-income people, disabled persons, minors and other groups when receiving and handling cases, they shall promptly transfer the case clues to the prosecution department for complaint and appeal, and the prosecution department for complaint and appeal shall search the victim information on the substantive work platform for the revitalization of the rural judicial relief service, Comprehensively analyze whether it meets the conditions of judicial assistance, and then lock the rescue object to realize rapid judicial assistance.

3. Research and judgment rules

Rule 1: After the case occurs, the victim cannot obtain effective compensation through litigation;

Research and judgment rule 2: the victim is trapped due to the case and faces urgent difficulties in life;

Rule 3: Other judicial organs did not carry out judicial assistance.

Model 2: Data model for calculating the amount of relief

1. Applicable objects

The object of judicial assistance decided by the procuratorial organ.

2. Analysis method

After the decision to give relief, first calculate the basic amount of relief for each case according to the different types of information of the relief objects screened on the platform and the quantitative elements determined by the Guanyun County People's Procuratorate in the Detailed Rules for the Implementation of the Quantification Standards for the Classification of Judicial Relief Funds; Secondly, take low-income households, children in need, the disabled, women in need, workers in need, medical aid objects and other people in need as key assistance objects, and calculate the additional amount. Final actual salvage amount=(basic amount+additional amount) × fault coefficient.

3. Research and judgment rules

Rule 1: Determination of the basic amount of salvage. Basic amount of assistance=basic amount of assistance × (case type coefficient+living difficulty coefficient). Among them, the benchmark amount of assistance is determined according to the level of economic and social development of the county, combined with the average amount of judicial assistance granted by the People's Procuratorate of Guanyun County in recent three years, and can be adjusted in due time according to the level of economic and social development; The case type coefficient determines different coefficients according to different case types ("coefficient" refers to a certain multiple of the rescue benchmark amount, the same below); The life difficulty coefficient is determined as 1-5 times, 5-10 times and 10-15 times according to the degree of difficulty.

Rule 2: Determination of the additional amount of the rescue. If the object of assistance is the key special care, children in distress and disabled persons (Level 1-2), the assistance fund shall be increased by 5-10 times of the benchmark amount on the basis of the calculated assistance fund; If the recipients of assistance are women in need, workers in need, medical aid recipients, disabled persons (Level 3-4) and other people in need, the amount of assistance shall be increased by one to five times the standard amount of assistance on the basis of the calculated assistance.

Rule 3: Determination of fault coefficient. The specific coefficient shall be determined according to the responsibility of the party to be rescued in the case.

（4） Data push

For the relief objects that can be retrieved by the platform, the People's Procuratorate of Guanyun County, while carrying out judicial relief, pushes the specific situation of the relief objects to the relevant functional departments such as civil affairs, rural revitalization, education, and the Disabled Persons' Federation. It is suggested to carry out diversified social relief according to the "1+20+N" mechanism to form a joint force of assistance. For those who fail to retrieve the information from the platform and decide to carry out judicial assistance after visiting and investigating, a Letter of Suggestion on Social Assistance will be issued to the relevant functional departments at the same time. It is suggested to take long-term assistance measures such as incorporating the minimum living allowance, monitoring and assisting the poverty alleviation and unstable households, and the marginal vulnerable households at the same time.

[Similar case rescue]

（1） Active assistance to comprehensively improve the efficiency of judicial assistance. The People's Procuratorate of Guanyun County, relying on the substantive work platform of judicial assistance services for rural revitalization, conducted real-time screening and monitoring of the information of low-income households, low-income households, children in distress, disabled persons and other groups, found that there was a risk of hardship due to cases, changed the passive application to active assistance, launched the judicial assistance process in a timely manner, and improved the efficiency of relief fund distribution, We will give better play to the role of judicial assistance in helping the poor, consolidate and expand the achievements of poverty alleviation through the active performance of procuratorial duties, and serve rural revitalization. As of April 2023, the hospital has successfully rescued 109 people through the big data platform, and released 1.178 million yuan of relief funds. The amount of relief funds for similar cases does not exceed 30%, and the average period of judicial relief funds is significantly shortened from the original 22 days to 7 days.

（2） Continue the relief and consolidate the effect of judicial relief. The Guanyun County People's Procuratorate regularly inquired about some of the recipients through the platform to screen whether their family difficulties had changed due to illness or other reasons after judicial assistance. For those who still have difficulties in their family life, they made field visits with rural revitalization and other departments, simultaneously monitored and helped the destitute and unstable households and the marginal vulnerable households, and provided classified assistance to the low-income population in rural areas to consolidate and strengthen the effect of judicial assistance. As of April 2023, the People's Procuratorate of Guanyun County, relying on the big data platform, has prepared and issued 37 letters of advice on social assistance, helping 23 people to enjoy the minimum living allowance, 9 people to enjoy the treatment of children in need, simultaneously monitoring and assisting 16 unstable and marginal poverty alleviation households, coordinating relevant departments to reduce and remit medical expenses of more than 400000 yuan, board and lodging expenses More than 80000 yuan was allocated for poverty alleviation through education.

Keywords

The big data model of judicial assistance digs rescue clues. The social big rescue platform is linked to rescue

[Main point]

For victims who have suffered personal injuries due to intentional injuries, traffic accidents, etc., and who cannot obtain effective compensation through litigation, resulting in living difficulties, procuratorial organs should actively perform their duties and take the initiative to carry out judicial relief work. We should focus on promoting the sharing of judicial case handling, social assistance and other data, achieve intelligent analysis and matching through digital modeling, and effectively tap the clues of judicial assistance. It not only carries out the judicial assistance in the procuratorial link in real time, but also actively expands the judicial assistance in the trial execution link. At the same time, it strengthens the interaction between judicial assistance and social assistance, and improves the quality and efficiency of verification for people in difficulty with the help of the political and legal grid staff, so as to effectively build a multi linked rescue work pattern.

[Clue Discovery]

The People's Procuratorate of Yueqing City, Zhejiang Province, analyzed and judged 115 judicial relief cases handled by the People's Procuratorate from 2016 to 2021, and found that up to 80% of them involved intentional injuries, traffic accidents and other personal injuries, and the types of relief cases were highly identical. After visiting the courts and the Civil Affairs Bureau, it was found that in civil cases of traffic accidents, there were a large number of situations in which people's lives were in trouble due to the failure to implement the compensation in place, and the situation that the social assistance objects met the conditions for judicial assistance or needed social assistance among the judicial assistance objects was not unique, so it was necessary to carry out case like assistance and linkage assistance.

Data Enabling

In order to solve the above problems, the Yueqing People's Procuratorate decided to rely on the procuratorial business application system, the data application platform of the Zhejiang Provincial Procuratorate, the social assistance platform, and the grass-roots governance platform to build a multi linkage judicial assistance data model The data of the four grass-roots governance platforms are summarized, analyzed and screened to realize timely discovery of rescue clues, promote the coordination of judicial assistance and social assistance, and strive to build an efficient and collaborative "1+1+N" diversified rescue system.

The first "1" refers to the establishment of a data pool, which is connected with the social assistance platform and the four grass-roots governance platforms, to obtain data on subsistence allowances, other difficult groups, and social assistance data that has been carried out, and to obtain trial and execution data from the judicial document network and the court, and to collect the data on the investigation, arrest, review, and prosecution of the procuratorate, so as to form a data pool that can accurately identify the rescue objects. The second "1" refers to the establishment of a mechanism, which, together with the Political and Legal Affairs Committee of the Municipal Party Committee and the Civil Affairs Bureau, issued the Opinions on the Establishment of a Linkage Mechanism between Judicial Assistance and Social Assistance, relying on the four platforms of grass-roots governance, and making full use of the village and township street grid workers to timely obtain information on vulnerable groups in difficulty, such as those who are trapped due to illness, the disabled, the empty nest elderly, and left behind women and children, Timely carry out investigation and verification, and accurately carry out judicial assistance and transfer of social assistance; Relying on the big digital social relief platform of the Civil Affairs Bureau, which integrates the functions of "one-stop acceptance", "multi department joint operation", "social force participation", "active early warning", "monitoring poverty return" and so on, the communication channel between the municipal procuratorate and the municipal charity federation, the Red Cross, medical care, housing construction, human society, education, women's federation, the Disabled Persons' Federation, township and sub district functional departments will be established, Realize the information sharing of rescue clues, and promote the formation of joint rescue forces that can actively perform their duties. "N" refers to diversified aid and assistance methods. Through combining functional departments and livelihood enterprises such as power supply and water supply that are incorporated into the social assistance system, and mobilizing social forces, the "N" means to carry out coordinated aid and assistance in a comprehensive manner by using economic assistance, medical assistance, living resettlement, school employment assistance, educational support, psychological intervention and other forms, and adhere to the principle of "rescue to the best of our ability, adjust measures according to the circumstances of the case On the principle of timeliness and accuracy, we will help those in difficulty to solve their living problems, improve their living conditions, prevent poverty due to cases, and help comprehensively promote rural revitalization.

（1） Data source

1. Review arrest and prosecution documents (from the national procuratorial business application system), criminal judgment documents, civil judgment documents, court execution data (from the Judgment Document Network, Yueqing People's Court);

2. Data of social assistance personnel (from the Social Assistance Service Center of Yueqing Civil Affairs Bureau);

3. Data of subsistence allowances and low-income households (from Yueqing Civil Affairs Bureau);

4. Data of vulnerable groups in difficulty in township streets (from the fourth platform of grass-roots governance in Yueqing City).

（2） Data elements

Review the data of victims involved in intentional injury and traffic accident cases during arrest and prosecution.

Data of victims of intentional injury, traffic accident cases and civil compensation cases for traffic accidents in which the judgment takes effect.

Court enforcement data.

Data of vulnerable groups with low subsistence allowances and difficulties in township streets.

（3） Data analysis rules

According to the provisions of the Detailed Rules for the People's Procuratorate to Carry out National Judicial Assistance, the conditions for judicial assistance are met, requiring the parties to be infringed by laws and crimes, causing personal injury or major property losses, and unable to obtain compensation through litigation, resulting in living difficulties. Accordingly, the data model of multiple linkage judicial assistance focuses on screening the three key points of personal injury, non compensation and living difficulties. Filter the victim information in criminal and civil legal documents, obtain the information of the victims who have not been compensated by setting filter conditions, and then intersection with the data of the civil affairs department on subsistence allowances, the data of the social assistance workers who have been carried out, and the data of the difficult groups on the four platforms of grass-roots governance, initially screen out the objects that may need judicial assistance, and then carry out further manual verification. At the same time, reverse screening will be carried out, and the data of judicial aid workers will be differentiated from the data of social aid workers that have been carried out. The data of judicial aid workers who may need social assistance will be obtained, and they will be diverted to relevant functional departments through the social assistance platform to carry out social assistance.

（4） Data analysis steps

Model 1: screening, reviewing, arresting and prosecuting victims who have not been compensated

Step 1: screen out the information about the review, arrest and prosecution documents related to intentional injury and traffic accidents;

Step 2: Eliminate the documents containing "mediation agreement", "compensated" and "understanding" to form the data of victims who have not been compensated;

Step 3: Intersect the data of the victims who have not been compensated with the data of the low-income families in Yueqing City and the data of the disadvantaged groups in the towns and streets, and screen out the information of the victims who belong to the people with living difficulties;

Step 4: Manually check the situation of the victims who are in difficulty and determine the objects of judicial assistance.

Model 2: screening the parties who cannot obtain compensation through litigation

Step 1: screen out criminal judgment documents and civil judgment documents related to intentional injury and traffic accidents, and extract the data elements of victims;

Step 2: screen out the execution documents related to the termination of execution and the termination of this execution in the court execution documents, and extract the data elements of the applicant for execution;

Step 3: Intersect the victim data of criminal cases and civil cases with the data of the court who terminated the execution and the applicant who terminated this execution, and get the result that there may be situations where compensation has not been paid;

Step 4: Compare the data of the victims who have not been compensated with the data of the low-income families in Yueqing City and the data of the disadvantaged groups in the towns and streets, and get the people who may not have been compensated;

Step 5: Manually check the situation of the people with living difficulties who may not be compensated, and determine the object of applying for judicial assistance.

Model 3: screening whether social assistance personnel have met the conditions of judicial assistance

Step 1: match and analyze the data of the rescuers that have been carried out by the Social Assistance Service Center with the data of the victims who have not been compensated in the previous two models, and screen out the persons who may need judicial assistance;

Step 2: Conduct manual verification on the personnel identified above, and provide judicial assistance if they meet the conditions for judicial assistance.

Model 4: Screening out the personnel who can further carry out social assistance after judicial assistance

Step 1: screen out the data of the persons who have carried out judicial assistance and extract the data elements of the rescued persons;

Step 2: screen out the data of the rescuers who have been carried out by the social assistance service center, and extract the data elements of the rescued;

Step 3: Remove the data of social assistance from the data of persons who have carried out judicial assistance, and determine the data of persons who have carried out judicial assistance but have not yet carried out social assistance;

Step 4: Conduct manual document review and investigation on individual cases to determine the data of personnel who need further social assistance;

Step 5: screen the fields such as "Yueqing" and "prefix number of ID card number of Yueqing registered personnel" in the document, distinguish the local personnel and foreign personnel who need assistance, and suggest the social assistance center to carry out corresponding relief measures for different personnel.

[Similar case rescue]

Through sorting out key cases, improving data screening rules, setting key data elements, and through data connection with the social assistance center, accurately identify the victims who have not been compensated in the procuratorial process and trial execution process, so as to achieve intelligent matching of information between judicial aid workers and social aid workers, Timely find out the clues of cases requiring joint assistance of judicial assistance and social assistance, and effectively improve the quality and efficiency of diversified assistance. In 2022, Yueqing People's Procuratorate will use big data to carry out modeling and analysis, and screen more than 60 case clues that may meet the conditions of judicial assistance, and more than 20 case clues that may meet the conditions of social assistance. Through further investigation and verification, 16 social assistance clues were actually transferred, and 42 judicial assistance cases were carried out, including 6 cases of assistance for minors, 5 cases of assistance for people living on subsistence allowances, 24 cases of assistance for women, and 7 cases of assistance for the disabled. The amount of assistance granted was 504000 yuan, and the number and amount of assistance cases rose nearly 70% year on year. In particular, in the process of prosecution and case handling, such as review and arrest, review and prosecution, more than 20 victims were rescued in time in the process of litigation to help the parties out of difficulties to the maximum extent.

At the same time, through the joint efforts of the Municipal Political and Legal Committee, the Civil Affairs Department and other departments to introduce an linkage mechanism, the case clues of data screening will be accurately pushed to the political and legal grid staff, so as to achieve targeted and accurate verification of the situation of the people in difficulty, promote the construction of a cross departmental linkage and large-scale rescue work pattern, and effectively improve the accuracy of rescue. In 2022, the Yueqing People's Procuratorate, together with the grid staff under the Municipal Committee of Political Science and Law, will carry out more than 50 household condition surveys, coordinate the social assistance service center of the Civil Affairs Bureau to carry out 12 social assistance, and achieve good results through joint assistance.

Keywords

Big data model of judicial aid "one thing" platform clue screening, social assistance, supervision and governance

[Main point]

For problems such as difficult discovery of judicial aid clues, single rescue channels, insufficient rescue efforts, different rescue standards, and insufficient supervision and governance, procuratorial organs can build an intelligent rescue platform, break data barriers, achieve information sharing, classify and integrate judicial data of key groups, and summarize and refine rules by using big data, artificial intelligence and other technical means, Realize the transformation of rescue clues from manual sorting to intelligent screening, and the transformation of case application based on reasons to case push. Based on big data research and judgment, actively promote the two-way connection between judicial assistance and social assistance, and form the superposition effect of different rescue policies.

[Clue Discovery]

At present, there are many problems in some local judicial relief work, such as large potential rescue base, difficulty in digging rescue clues, difficulty in balancing rescue standards, insufficient connection between rescue and support, and imperfect supervision and evaluation. In addition, various rescue policies are fragmented and information is asymmetric, which leads to insufficient timeliness of rescue, lack of ability to review rescue conditions, quantify rescue amount, and disjointed rescue procedures The cooperation of rescue and assistance is not smooth, the one-time assistance cannot really help the key groups with difficulties out of their life difficulties, and the joint efforts to resolve the contradictions between the letters and visits related to law and litigation are insufficient. In order to solve the above problems, the People's Procuratorate of Zhejiang Province, in promoting the research and practice of building a digital application platform for judicial assistance, handed over the multi scene application of judicial assistance to the People's Procuratorate of Pan'an County for pilot.

Data Enabling

After sorting out relevant regulations, the People's Procuratorate of Pan'an County, relying on the integration of politics and law in Zhejiang and local big data resources, has created a "one thing" platform for judicial assistance, and constructed four multi cross scenarios of intelligent screening, hierarchical assistance, social assistance, and supervision and governance. The platform gathers data information from multiple platforms such as the national procuratorial business application system, the information system of the social governance center, and data information obtained by various social assistance functional departments through various channels, effectively promoting the quality and efficiency of clue screening.

The "One Thing" platform for judicial assistance is mainly based on the Opinions on Establishing and Improving the National Judicial Assistance System (Trial), the Detailed Rules for the People's Procuratorate to Carry out the National Judicial Assistance Work, and the Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening the National Judicial Assistance Work for Minors The Opinions of the Supreme People's Procuratorate and the Office of the Leading Group for Poverty Alleviation and Development of the State Council on the Implementation of the Procuratorial Organs' National Judicial Assistance Work to Support Poverty Alleviation, the Opinions on Strengthening the Judicial Assistance Work of Retired Soldiers, and the experience in handling cases, analyze the universality of relief objects, set up relief points in combination with the criminal case handling process, and set up eight analysis models according to different charges, It can be optimized or added according to the actual situation of each region and various special relief activities.

（1） Data source

The "One Thing" platform of judicial assistance adheres to the demand orientation, deeply analyzes the existing problems in the source of clues, rescue standards, rescue and support connection, supervision and governance, and clarifies the reform tasks involved in the integrated handling of the "One Thing" platform. With reshaping the rescue business process as the starting point, data sharing is achieved through interface docking, batch import, special acquisition and other ways.

1. Digital files of criminal cases. Connect with the national procuratorial business application system, take the time of the criminal procedure node as the axis, obtain the digital file of criminal cases, and key documents include the proposal for approval of arrest opinion, prosecution opinion, indictment, criminal judgment, interrogation record, interrogation record, expert opinion, road traffic accident identification, reconciliation agreement, letter of understanding, etc.

2. Data of key vulnerable groups. According to the cooperation mechanism of judicial assistance, the linkage mechanism of judicial assistance and social assistance, the big data bureau will download the 16 types of data from 12 departments including the Civil Affairs Bureau and the Disabled Persons' Federation on a regular basis, including low-income families, people on the edge of subsistence allowances, and the disabled.

3. Multiple special data. According to the requirements of special activities, obtain the law and litigation related petition data from the petition department, social governance center and other information systems.

（2） Data elements

Data elements of criminal case digital file.

Data elements of key difficult groups.

Other special data.

（3） Data research and judgment rules

In order to achieve the goal of "rescue as soon as possible" and "rescue as soon as possible", we can effectively mine the clues of judicial assistance from massive case data, initiate the judicial assistance process on our own initiative, build an "intelligent screening" module based on the general characteristics and key points of previous judicial assistance objects, and establish an analysis model based on different charges based on digital files, Sort out 62 keywords or similar words in 6 categories. Analyze the characteristics of victims in criminal cases, and study and judge the key contents. The key words of the digital file are captured through OCR identification, and the data modeling is realized by the decision tree. The victim characteristic information is synchronously generated and compared with the collected thematic database information of key difficult groups to draw conclusions. Based on the convergence of conclusions, the rescue needs were given a "red, orange, and yellow" three color hierarchical early warning for the accurate portrayal of the people in difficulty involved in the case.

（4） Classified rescue and supervision

Classified rescue. In order to achieve intelligent analysis in the rescue stage, intelligent combination of rescue methods, and intelligent recommendation of rescue amount, the "graded rescue" and "social assistance" modules are constructed. By setting different weight coefficients, the difficulty degree is judged by grades, and the proposed rescue amount is recommended by grades to achieve the quantification of rescue standards. According to the actual situation of the case, automatically recommend the rescue stage, accurately identify the type of rescue, intelligently match the rescue measures, and improve the matching degree between the list of needs of people in need and the list of services of the rescue department. For the data of key difficult groups generated from the screening, if it is determined that they do not meet the requirements of judicial assistance, but meet the conditions of social assistance, they will be timely pushed to the relevant functional departments through the platform "Zhejiang Government Nail End", continue to follow up the living conditions of the rescue objects, optimize the connection of diversified assistance in a timely manner, follow up the dynamics of rescue handling, and achieve the closed-loop management of the whole process of rescue case handling.

Supervise governance. Real time supervision on the quality and efficiency of rescue is carried out by taking data such as the number of days of handling cases and the average amount of rescue as reference items, and urging the handling of rescue cases and the approval of funds. Visually manage the use progress of rescue funds to achieve scientific and efficient use of rescue funds. The platform was used to increase the attention to special types of cases, and departments cooperated to carry out diversified relief and long-term assistance, properly resolve conflicts and disputes, and optimize grass-roots social governance. In view of the party's failure to perform his duties due to procedural problems while applying according to law, timely supervise and correct, and urge the party to perform his duties according to law.

[Similar case rescue]

The People's Procuratorate of Pan'an County, relying on the "one thing" platform of judicial assistance, integrates rescue resources, effectively solves the difficult problem of digging rescue clues, and realizes the integration of judicial assistance. For example, after Hu accepted the fraud case, the platform prompted that there were many victims and all of them were elderly people, involving key groups with difficulties such as low-income families and the disabled, and there were several key rescue clues. The procuratorial organ started the rescue procedure according to its authority, and handled 8 cases of judicial assistance for elderly fraud victims. Countersign with relevant functional departments the Opinions on Establishing and Improving the Communication Mechanism of the Procuratorial Organ's National Judicial Assistance Work to Support Poverty Alleviation and Several Provisions on Establishing the Linkage Mechanism of National Judicial Assistance and Social Assistance Work (Trial) to integrate judicial assistance with employment guidance, education assistance, psychological intervention, etc. Carry out the special action of judicial assistance for the victims of homicide cases. By capturing the information of the victims of death in the digital files of criminal cases imported into the platform, and making intelligent comparison with the collected information of letters and visits related to law and litigation and the data of key difficult groups in the platform, we screened 6 clues for the victims of homicide cases. Through legal reasoning, judicial assistance, and social assistance, Effectively resolve conflicts and disputes. In the special activity of helping women in need, we screened the information of murdered women in the digital file of criminal cases through the platform, made intelligent comparison with the data of key groups in need, and found and handled 9 cases of helping women in need.

Pan'an County People's Procuratorate also piloted the sharing of law enforcement and judicial information, collected political, legal and government data related to potential relief groups, and provided data support for 15 special digital procuratorial supervision projects. If the case is not satisfied with the effective administrative judgment of the court, and the application for supervision is submitted to the procuratorial organ, the system will study and judge that the applicant is a key difficult group and meets the conditions for assistance, and prompt the procurator to follow up the judicial assistance at the same time to help resolve administrative disputes substantively.

Keywords

The big data model of judicial assistance, clue screening, application platform, linkage assistance, diversified assistance, and rural revitalization

[Main point]

In view of the lack of sources of clues for judicial aid cases and the delay in rescue, the procuratorial organ has established an intelligent application platform for big data screening of judicial aid clues by focusing on the key groups such as the original documented poor households, minors, disabled persons, and legal and litigation related complainants who have difficulties in life due to cases, and accurately and efficiently screen the clues of judicial aid cases through data comparison and collision, Change the application of the parties to the initiative of the procuratorial organ to investigate, run out of the "acceleration" of judicial assistance, spare no effort to prevent and resolve the risk of returning to poverty due to cases, timely solve the people's difficulties and anxieties, and contribute procuratorial power to comprehensively promote rural revitalization.

[Clue Discovery]

In recent years, the People's Procuratorate of Shan County, Shandong Province, in handling cases and investigating, found that the difficulty in carrying out the work of judicial assistance lies in screening and obtaining case clues. The main reasons are: First, the victims lack understanding of judicial assistance and the awareness of applying for assistance is not strong; Second, some victims failed to apply for assistance in time due to their low educational level and travel difficulties; Third, manual case by case screening is inefficient, time-consuming, and has small coverage, which may lead to missing clues. In 2021, the People's Procuratorate of Shan County handled 75 cases of judicial assistance, and the clues were found through case by case screening in the handling of criminal cases. The channels for obtaining clues were narrow and the efficiency was low.

Data Enabling

The Supreme People's Procuratorate deployed and carried out the special activity of "judicial assistance helps consolidate and expand the achievements of poverty alleviation and boosts rural revitalization", clearly requiring that the parties who have difficulties in living in rural areas who have entered the procuratorial process and are at risk of returning to poverty due to cases should be given more judicial assistance. The People's Procuratorate of Shan County actively implemented the deployment of special activities, took the digital procuratorial construction as an opportunity, carefully studied and judged, boldly tried to build a big data model, and intelligently screened the judicial relief clues of poor households, minors, disabled persons, legal and litigation related complainants and other personnel who entered the procuratorial process.

The People's Procuratorate of Shan County coordinated "internal and external" and obtained relevant data by establishing a data sharing mechanism with the county big data bureau on the basis of fully mining internal case handling data. At the same time, we signed a joint rescue opinion with the county civil affairs, rural revitalization, the Disabled Persons' Federation and other units to jointly promote the big data enabling judicial relief work. In October 2022, the judicial aid clue screening application platform of the People's Procuratorate of Shan County was officially put into operation, which opened a new mode of handling cases to screen the judicial aid clues of key rescue groups quickly, accurately and comprehensively with data.

This platform is a judicial aid clue screening platform independently developed by the People's Procuratorate of Shan County based on the national procuratorial business application system. It is mainly to screen judicial aid clues quickly and accurately through the "two databases and four comparisons" model. "Two databases" refer to the basic database and the screening database. "Four comparisons" refer to the comparison between the basic database (the data of the national procuratorial business application system, the data of the online petition information system of the national procuratorial organ) and the information of four categories of key groups in the screening database, namely, the original registered poverty-stricken households, the minors, the disabled and other disadvantaged groups.

（1） Data source

The first part is the basic data, which are: 1. The data of the national procuratorial business application system, including criminal procuratorial, juvenile procuratorial, civil procuratorial, and administrative procuratorial data; 2. Petitioner data of online petition information system of national procuratorial organs.

The second part is the screening data, which comes from the county big data bureau. They are: 1. The data of the original registered poverty-stricken households, including urban people living on subsistence allowances, rural people living on subsistence allowances, people living in extreme poverty, people from marginal households who are vulnerable to poverty, and people from marginal families living on subsistence allowances; 2. Data on orphans, children in distress, and children who have no dependents; 3. Data on persons with disabilities, including children with disabilities; 4. Data of other key groups with difficulties.

The above data classification is imported into the clue screening platform. The basic data is updated immediately with the case handling system, and the screening data is updated once a month.

（2） Data elements

Basic data elements include: victims in criminal prosecution and juvenile prosecution cases; Applicants supporting prosecution and execution supervision in civil procuratorial cases; Supervising the results of administrative decisions in administrative procuratorial cases, and supervising the applicants in administrative non litigation enforcement activities; Petitioners involved in law and litigation, etc.

The screening data elements include: poor households with original registered cards, orphans, children in distress, children who are actually not supported by others, and the disabled.

（3） Data research and judgment rules

Step 1: Set the comparison point. The information elements of victims, applicants, legal and litigation related complainants and four key groups in the basic data are set as two comparison points.

Step 2: Data comparison. The two comparison points are collided, the screening platform automatically identifies relevant case information, and forms a separate list of information overlap points (i.e. judicial aid clues) for push.

（4） Data analysis and verification

Prosecutors conduct a comprehensive analysis of the case clues pushed by the system to verify whether the victims or applicants of the case meet the conditions for judicial assistance, so as to quickly and accurately target the rescue objects and actively carry out the rescue.

[Similar case rescue]

The judicial aid clue screening application platform immediately prompted prosecutors to pay attention to the information of key groups entering the procuratorial process, which improved the efficiency of judicial aid case clue discovery. Since the modeling in October 2022, the People's Procuratorate of Shan County has screened 83 clues of judicial aid cases through big data collision. Among them, there were 34 clues of the cases involving the poor households who had originally filed cards. After investigation and verification, 28 eligible victims were given judicial assistance in a timely manner. Five clues were under verification. In the process of assistance, the People's Procuratorate of Shan County also worked closely with the county civil affairs, rural revitalization and other departments to help the rescued people with special difficulties solve employment, subsistence allowances and other problems, and regain their confidence in life. There are 43 clues about cases involving the disabled. After investigation and verification, 40 parties meet the conditions for judicial assistance. In view of the inconvenience of the travel of the disabled, the People's Procuratorate of Shan County took the initiative to help prepare application materials, actively carried out judicial assistance, and cooperated with the County Disabled Persons' Federation to help the applicant, which solved the practical difficulties of the applicant to the greatest extent, The warmth of the Party and the procuratorial warmth were sent to the hearts of the people, especially the vulnerable groups and the people in need.

Keywords

Judicial Assistance Infringes Personal Rights Civil Assistance Collects Relief Clues Pluralistic Assistance Helps Social Comprehensive Governance

[Main point]

When the procuratorial organ deals with judicial relief cases, it can conduct big data modeling for common and frequently occurring cases. Through cooperation with relevant units, it can conduct data collection, data collision and comparison, and comprehensively screen the clues of case relief. While expanding the sources of criminal relief cases, we can carry out civil relief cases in accordance with the regulations, effectively solving the problems such as the single source of clues to relief cases and the untimely development of relief work. If clues of social assistance are found, they should cooperate with relevant functional departments to carry out diversified assistance; If clues of legal supervision are found, they shall perform their duties in accordance with the law simultaneously; If social governance problems are found, relevant functional departments shall be urged to improve the working mechanism.

[Clue Discovery]

In October 2022, the People's Procuratorate of Weidu District, Xuchang City, Henan Province, received an application from the masses for supervision of the court. The victim, Zhang, died in 2017 due to a traffic accident, and the court ruled that the party responsible for the accident should compensate the victim's close relatives for nearly 160000 yuan of various losses, but the implementation has not been in place. The People's Procuratorate of Weidu District interpreted the law and reasoned about the complainants according to law, and investigated and verified the family living conditions of the complainants. At the time of the accident, Zhang Xiaomou, the son of Zhang Xiaomou, the victim, was studying in a university. He applied for a student loan of 18780 yuan to pay the tuition fee. His wife, Li, suffered from breast cancer. Although the court ruled that a transportation company in Henan, which belonged to the truck in question, would compensate Li and Zhang Xiaomou for various losses of 159684.47 yuan, the court had failed to implement them in place. The two people had a difficult life. The People's Procuratorate of Weidu District reviewed and found that Mr. Li and Mr. Zhang met the conditions for judicial assistance, decided to issue 20000 yuan of relief funds to the two people, and opened a "green channel" for the payment of relief funds to alleviate their "urgent need". The People's Procuratorate of Weidu District also contacted the local health commission, women's federation, office and other units to provide social assistance and assistance to Mr. Li and Mr. Zhang.

After the completion of the case, the People's Procuratorate of Weidu District studied and judged that the case was not an individual case, and it was necessary to conduct a comprehensive investigation on the cases in which the victims could not get civil compensation in time after suffering from illegal infringement, resulting in family difficulties through big data modeling.

Data Enabling

The People's Procuratorate of Weidu District has made full use of the criminal and civil supervision and petition data of the procuratorial organ, compared with the court enforcement data and the special group data held by the relevant administrative departments, explored the construction of a big data intelligent platform for judicial relief clues of victims of infringement of personal rights, and screened and excavated relief clues in a broader and deeper level.

The platform is based on procuratorial data, aims to find rescue clues within the scope of cases accepted by the procuratorial organs, adheres to the principle of not arbitrarily expanding the rescue boundary and auxiliary assistance, covers diversified rescue, administrative law supervision and comprehensive social governance, and constructs the overall framework of "one library and three modules" according to the basic concept of system modernization and governance capability modernization. "One database" refers to the database of possible rescue cases, which obtains court execution data and special group data held by Civil Affairs Bureau, Rural Revitalization Bureau, Women's Federation, Disabled Persons' Federation and other units through the data sharing mechanism. Based on the collision between the procuratorial data and the administrative organ data collected on the platform, the rescue cases that have been handled will be eliminated, the characteristics of the victims will be screened, and the rescue clues for personal injury cases will be obtained. The "three modules" include three application modules: key clue collection, diversified assistance, and comprehensive social governance. The collection of key clues refers to the collection of legal supervision clues and key groups, the timely supervision of court enforcement, administrative agencies' negligence in performing their duties, and the setting of keywords to extract key groups such as serious injuries, disabilities, minors, and the elderly; Diversified assistance refers to the timely promotion of the identified key groups with medical, education, upbringing, support, employment, psychological counseling and other needs to the relevant functional departments to guide the development of social assistance and assistance, so as to achieve closed-loop management, collaborative governance, and auxiliary decision-making of the rescue clues; Comprehensive social governance refers to the result analysis of the judicial aid clues retrieved from big data, the extraction of personal injury and other information, the analysis of whether the administrative organ provides assistance and relief to victims at the first time, and whether the court has exhausted property investigation measures and corresponding enforcement measures.

（1） Data source

Collect data from the following ways: 1. procuratorial business data, including criminal case data, civil supervision case data, judicial relief case data, from the national procuratorial business application system; 2. The procuratorial petition data is from the national procuratorial organ petition information system; 3. The execution data of the people's court comes from the information management system of the execution process of the people's court; 4. Data of relevant administrative departments are respectively from Big Data Bureau, Civil Affairs Bureau, Education Bureau, Rural Revitalization Bureau, Women's Federation, Disabled Persons' Federation and other units.

（2） Data elements

Inspection business data elements.

Data elements of procuratorial petition.

Court enforcement data elements.

Administrative organ data elements.

（3） Data analysis rules

Step 1: Get basic data. Data on criminal case acceptance and civil supervision cases are retrieved from the national procuratorial business application system, data on judicial relief cases are retrieved from the procuratorial petition information system, data on case acceptance for compulsory enforcement applications are retrieved from the court's big data platform, and data on low-income families, poverty prevention monitoring objects, disabled persons, women in need, orphans, spring bud children are retrieved from relevant administrative departments The basic data pool is formed based on the data of families who lost their independence.

Step 2: Data collision. The first is to extract the information of the applicant and the petitioner of the civil supervision case, respectively collide with the information of the applicant in the court's execution data, and obtain the rescue clues that the victim cannot obtain compensation through litigation; The second is to extract the information of the applicant and the complainant of the civil supervision case, respectively collide with the information of the special group held by the relevant administrative department, and obtain the rescue clues of the people in difficulty involved in the case; Third, because the procuratorial business application system cannot directly extract the victim information of criminal cases, extract the information of criminal suspects, and collide with the information of the person to be executed in the court execution data, so as to obtain the rescue clues that the civil execution is not in place after the judgment of criminal incidental civil cases.

Step 3: Inverse data matching. Remove the judicial relief cases that have been accepted or handled by the procuratorial organ from the clues found in the second step.

Step 4: Set keywords for manual verification. Take the data in the third step as the initial clue, set keywords according to the categories of personal injury, support, education and medical care, economic income, etc., and further explore to screen out the victims' disability, death, loss of labor ability, urgent need for treatment and inability to bear medical treatment costs.

（4） Data filtering and pushing

After the basic data is imported, the software can automatically run the data collision rules, and display the number and list of judicial aid clues contained in criminal, civil and petition procuratorial data. For the clues screened, they can return to the procuratorial business application system and the procuratorial petition information system to check the case file, determine whether they meet the conditions for judicial assistance and diversified assistance through manual verification, extract the elements of social governance, and coordinate relevant units to perform their duties together, expand the effectiveness of assistance and promote collaborative governance.

[Similar case rescue]

（1） Find clues of rescue cases in batches. The People's Procuratorate of Weidu District obtained criminal, civil, petition and enforcement data, and special group data held by administrative organs. Through big data comparison and collision, 189 initial clues were obtained.

（2） Departments jointly carry out diversified assistance. The People's Procuratorate of Weidu District established a psychological evaluation platform based on the "uninspected studio" to conduct psychological evaluation on all 189 special people screened. 45 people with psychological trauma were treated one-on-one; Push the information to the civil affairs department for the three people who meet the minimum living standard, and assist them to apply for the minimum living standard; For 4 people who need to transfer to another school, contact the education department to solve the enrollment problem; For 16 people with employment needs, contact the social security department for free skills training and arrange employment in caring enterprises. Through the joint aid of multiple departments, we will create a synergy of assistance, expand the effect of assistance, and form a closed loop of work.

（3） Actively perform duties and participate in social governance. The People's Procuratorate of Weidu District also obtained 12 execution supervision clues in the process of using the model to screen rescue clues, made and issued 6 procuratorial suggestions, and orally corrected violations 6 times. In conjunction with the People's Court of Weidu District, it successfully helped three people to obtain more than 1.2 million yuan of execution funds, and achieved "our management" by performing their duties to promote "all management" according to law.