New era of empowerment: from procuratorial supervision to social governance
Author:Supreme inspection Time:2022.06.29
In the era of informationization, big data is productivity and combat effectiveness. Guided by Xi Jinping's thinking of the rule of law, in -depth implementation of General Secretary Xi Jinping's important exposition spirit of implementing the national big data strategy and promoting the healthy development of my country's digital economy, and further promoting the procuratorial big data strategy is an important deployment made by the highest procuratorial party group. From now on, the "Procuratorate" has opened a column of "Big Data Empowering New Era Legal Supervision", and reported in -depth reporting of the procuratorial organs to actively act, to perform their duties, and further promote the vivid practice and highlights of the procuratorial big data strategy. Please pay attention.
Empower the new era:
From procuratorial supervision to social governance
Standing on the shoulders of history, this is a variety of times.
The development of the Internet and the innovation of knowledge, with a magical power, changed the way people's production and life, and also promoted us to the era of big data.
Looking back on the "Internet", when we "cross the Great Wall and go to the world", have you thought about it, today's magnificent appearance of digital China?
From the sound of "whoever master the data, who has the initiative" in 2013, by the first time the big data was written into the government work report in 2014; By 2016, the "Thirteenth Five -Year Plan" outline proposed the implementation of the national big data strategy; from 2017, General Secretary Xi Jinping pointed out that "the use of big data to improve the modernization level of national governance" to 2019, General Secretary Xi Jinping emphasized "promoting big data, artificial intelligence, artificial intelligence, artificial intelligence, The achievements of scientific and technological innovation are deeply integrated with judicial work. "Big data has been deeply embedded in the modernization process of national governance.
How to achieve deep integration of big data and judicial work? How to use big data to carry out legal supervision? How to use big data to achieve supervision of cases, thereby improving the level of social governance? Times have proposed new topics to the procuratorate.
Entering big data -beyond imagination power
In 2017, the birth of a document pushed the procuratorial organs to deepen the implementation of the national big data strategy to people.
After several explorations and practice, in June 2017, the Supreme People's Procuratorate issued the "Procuratorate Action Guide (2017-2020)", which requires the national procuratorial organs to rely on cutting -edge technology such as big data and intelligent voice to make overall use of judicial case data as the core as the core The procuratorial data resources are established, the overall architecture of the procuratorial big data is established, the big data is used to apply a good ecology, and the "smart inspection" is created.
At that time, many procuratorates had begun to explore the use of big data to supervise the case, and the emergence of this document undoubtedly accelerated the pace of exploration.
At the beginning of 2018, the Shaoxing Procuratorate of Zhejiang Province first aimed at the field of civil prosecution supervision to explore the use of big data supervision to handle cases, and resolved outstanding problems such as difficulties, verification, and accountability of false lawsuit clues that had always existed.
All beginnings are hard. Although, the Shaoxing Procuratorate quickly proposed the use of big data to screen and row supervision clues to a large amount of referee documents to achieve the overall idea of precise supervision of false lawsuits. In the middle, we still go through twists and turns.
By the middle of 2018, after more than 20 modifications and improvement, the civil judgment intelligent supervision system was tried in the Shaoxing Procuratorate. Relying on big data, the hospital obtained a large number of false lawsuit clues during the screening of hundreds of thousands of civil referee documents.
The effectiveness of handling the case is also significant. Before the system was launched, the number of false litigation cases in Shaoxing City Procuratorate was almost a single digits each year. For example, 9 cases of false litigation supervision cases were handled in 2017; and after the system was launched, the number of false lawsuit cases in the hospital increased in index level growth each year. In 2018, it was 101, reached 215 in 2019, and 463 in 2020.
The change brought by big data is beyond imagination. "It is also what we could not think of such results at first, but the application of big data really helped us to do it." Weng Yueqiang, who was then the prosecutor of the Shaoxing Procuratorate and the current deputy director of the Supreme Prosecutor's Case Management Office, told reporters that any any of There is an information chain of illegal crimes. If you look at every information point on the chain in isolation, it may be difficult to find abnormalities, but using big data screening, comparison, collision, and information points will interact, many problems and clues behind them will appear.
Using the smart supervision system of civil referees, the Shaoxing procuratorial organs found a group of false lawsuits for "routine loans" and fake litigation cases for the purpose of evasion debts to handle a group of cases.
Such significant results have attracted many brothers' procuratorates to learn from the study. For example, the Lhasa Procuratorate of the Tibet Autonomous Region actively learned from the Shaoxing Procuratorate, and with the support of the Shaoxing Procuratorate, it established a digital procuratorial supervision platform. "As of now, there are more than 3,000 supervision clues pushed by the digital procuratorial supervision platform, and there are more than 4,000 clues to the broken punishment cases found in civil execution cases. This set of data can be said to be unprecedented for us. , I dare not think about it in the past. "Shi Junfeng, director of the Procuratorate of the Procuratorate of the Lhasa Procuratorate, told reporters that through further screening and review of the platform pushing the platform, the hospital has urged the public security organs The two criminal case clues discovered were transferred to the public security organs to continue the investigation. One clue of insurance cases found in the case of insurance was being traced. Faced with more and more effective practical explorations, in September 2020, the highest prosecutor's pilot application work in the deployment of the national procuratorial organs to carry out the smart supervision system of civil referee, so that this system played a greater role in the country.
Hugging big data -move forward in the breakthrough
Without expecting, the civil referee's smart supervision system has exuded endless energy once it was promoted.
Taking Hunan Province as an example, in 2021, the Hunan Provincial Procuratorate has filed 238 cases of "routine loan" false litigation supervision of "routine loans" discovered by the platform, and 159 cases were set up. In 2021, a total of 453 cases of false litigation supervision on the Civil Prosecutor's Line of Hunan Province were held. The proportion of cases of cases that were discovered by false lawsuits were found through the platform.
"Compared with the previous case handling model, the application of big data has allowed procuratorial supervision to transform from individual, occasional, passive, and manual supervision to comprehensive, systematic, active, and intelligent supervision, and the quality and efficiency of supervision have been greatly improved." Hunan Zhou Wenyi, Prosecutor of the Sixth Procuratorate of the Provincial Procuratorate. Today, the civil procuratorial department of the institute pays special attention to the application of big data in the handling of the case. The effectiveness of the referee results supervision, the judgment procedure illegal supervision, and the supervision of the activities are all in the work of big data.
Although the smart supervision system of civil referees is developed for civil prosecutors, it is mainly used to discover clues of civil false lawsuit supervision, knowledge is always touched by bypassing. Once the spark of ideas is ignited, the light of innovation is constantly beating.
Since big data can be applied to the field of civil prosecutors, why not be used in procuratorial fields such as criminal, administrative, and public interest litigation? A series of new explorations have continued to emerge.
The Huangshi City Procuratorate of Hubei Province, based on the intelligent auxiliary case handling system of the public interest proceedings of the Hubei Provincial Procuratorate, explored the establishment of a public interest subsystem and a public interest litigation subsystem in the field of public interest in the field of state -owned land use rights. In order to obtain relevant data, the hospital has repeatedly went to the natural resources, ecological environment, water conservancy lakes, taxation and other relevant departments to communicate and coordinate, promote the active entry of relevant administrative agencies, and provide data support. It is understood that since the trial operation of the two subsystems, there have been more than 200 clues to the case. For example, the public interest litigation subsystem in the field of water resource protection reminds that a sources of drinking water are not effectively protected. After investigation and verification of Huangshi Port District Procuratorate, Huangshi City's Procuratorate issued procuratorial suggestions to administrative agencies with supervision and management responsibilities. Relevant units actively perform their duties and effectively eliminate the infringement of drinking water sources.
In addition to exploring the establishment of a big data auxiliary case handling system or platform, more procuratorates play the role of big data in procuratorate by building a supervision model.
For example, the Shenzhen Procuratorate of Guangdong Province rely on Shenzhen's smart unpaid inspection system to find that many hotels have not strictly fulfilled the "two inquiries and one report" regulations required by the newly revised minor protection law to accommodate minors' accommodation in violation of the law. In judicial practice, many minor sexual assault cases occur in hotels and other places. As a result, with the strong support of the public security organs, the institute uses big data to build a legal supervision model of minor protection clues in the hotel industry. As of now, the supervision clues discovered by the model have urged relevant departments to impose a fine of 10,000 yuan for 15 illegal hotels and stopped business for more than a week; 21 hotels with hidden safety hazards have promoted the hotel to eliminate hidden dangers through field investigation and procuratorial supervision.
After continuous exploration and practice, the procuratorial organs have become more and more stable on the road of "digital empowerment supervision, supervision and promotion governance". More and more procuratorates have implemented case -type supervision through embrace of big data, and then achieve system governance, thereby improving the level of social governance modernization.
However, the road to move forward is not a pingchuan. In exploring the journey to the application of big data to empower the legal supervision, various difficulties and problems are also encountered. For example, the establishment of a database is not easy. The database is the foundation. Without data, the legal supervision of big data is only passive water and no wood. However, due to the existence of data barriers between different departments and different regions, the establishment of a database has become difficult, which has largely hindered the pace of legal supervision of big data to empower legal supervision. For another example, big data thinking is not deeply rooted. Many procuratorates are inherent in the inherent case handling thinking, do not pay attention to the digging and analysis of data, have not formed big data thinking of active supervision. Clues are understood as supervision cases. "At this stage, data barriers and talent shortage are the most urgent issues we are facing." Weng Yueqiang told reporters that whether it is to open up data barriers or strengthen the construction of talent teams, the role of leading cadres is crucial. Leading cadres should promote the solution of data barriers by relying on the command, and guide the establishment of a game of chess, enhance the big data strategic thinking of prosecutors, and strive to improve the effectiveness of big data legal supervision.
Use big data--
Release the new kinetic energy of legal supervision
In 2021, the birth of another document promoted the procuratorial big data strategy.
In June 2021, the Party Central Committee issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era" (hereinafter referred to as "Opinions"). The Central Committee of the Communist Party of China has issued the "Opinions" on strengthening the legal supervision of the procuratorial organs, which is the first time in the history of the party, and it is enough to see how many of the "Opinions" are.
In this comprehensive document, there are such clear requirements: "use big data, blockchain and other technologies to promote public security organs, procuratorial organs, trial agencies, judicial administrative agencies and other cross -department big data collaborative cases."
Prosecution big data strategy began to advance forward at faster steps. In November 2021, the Supreme Procuratorate determined that the Hubei Provincial Procuratorate, the Hangzhou Procuratorate of Zhejiang Province, the Shaoxing Procuratorate in Zhejiang Province, and the Shenzhen Procuratorate of Guangdong Province were the first batch of national procuratorates to supervise the research and development and innovation base of big data legal supervision. On the basis of the existing basis of the four places, the big data of the "case handling-category supervision-system governance" of the "case handling-type of case supervision-system governance" is further enabled to empower the legal supervision path, and use big data to promote traceability governance.
As the only provincial procuratorate in the first batch of R & D and innovation bases, the Hubei Provincial Procuratorate started from the top -level design to promote the implementation of the procuratorial big data strategy. In April of this year, the hospital specifically introduced the "Opinions on Accelerating the Construction of Digital Procuratorate in Hubei", and put forward the main tasks and specific measures to accelerate the construction of digital procuratorial construction in Hubei, and use digital procuratorial as a "first -hander" project to mobilize all prosecutors to actively invest in active investment The construction of digital procuratorials, make every effort to create a digital procuratorial Hubei version.
The "non -standard oil" series of public interest lawsuits processed by the Procuratorate of Zhejiang Province may more vividly interpret what "using big data".
In 2019, Luzhou Procuratorate received reports from the masses, with underground flowing refueling vehicles and black refueling points. When investigating a black refueling point, the hospital found that the refueling point has long supplied diesel for surrounding transportation companies, and the quality of these diesel is not good, belonging to "non -standard oil". Their sulfur content exceeds the standard of 184 times the country's six diesel, and the atmosphere is severely polluted, and the flash point is lower than 60 ° C. It is flammable and explosive dangerous chemicals, which harms public safety.
In December of the same year, the Procuratorate of Lizhou City grasped the actual needs of enterprises that needed the cost of receiving oil costs to pay taxes. Taking the VAT invoice as the breakthrough, using big taxation data to build a legal supervision model, accurately locked the "non -standard oil" local purchase and use There are 72 enterprises, and the final cooperation with the taxation department has promoted the enterprise involved in the case to pay more than 10 million yuan in taxes and fees, so that the illegal oil companies are unprofitable, and effectively regulate the market order of the refined oil consumer.
It was originally thought that the case was over, but an information obtained in the visit survey allowed the procuratorate to decide to extend the tentacles of legal supervision from the consumer market to the sales side market. "Later, we learned in the survey that a large number of" non -standard oil 'is sold through private gas stations, and most of the gas stations purchase' non -standard oil 'uses cash, and will not require a value -added tax invoice, resulting in huge consumption taxes, which will cause huge consumption taxes VAT loss. "Wen Yihao, one of the organizers of the case and the director of the Fifth Procuratorate of the Procuratorate of the Langzhou City Procuratorate, told reporters that in response to this situation, the institute decided to upgrade the supervision model to promote the source of the sales of the refined oil market.
However, for a long time, the upgrade of the supervision model has been stagnant for a long time.
The turning occurred in September 2021. At that time, Wen Yihao participated in the discussion of the informationization project of the rule of law at the Supreme Prosecutor's Prosecution Technology Information Research Center as a member of the expert group. When the introduction of the time and space information information of the relevant departments at the meeting, he suddenly thought of the case: According to national regulations, the hazardous chemical transport vehicles must be installed and running the satellite positioning system. What about the source?
Later, with the strong support of relevant departments, the supervision model was updated. It can be roughly locked in the number of tax evasion through the collision of transportation and tax data. For example, after calculation of the supervision model, a private gas station has accumulated a total unloading volume of about 6,000 tons within one year. Finally, after investigation and verification, the actual sales volume of one year is 5750 tons. However, the tax declaration of the gas station was only 406 tons, and the tax evasion ratio was as high as 93%. Now, this supervision model has been widely used in procuratorial organs in Zhejiang Province, Beijing, etc., not only recovering a large amount of taxes for the country, regulating the order of refined oil market, but also in terms of eliminating hidden dangers of production safety and promoting comprehensive management of air pollution. It played an important role.
"Practice has proven that big data has played a very important role in expanding the scope of legal supervision, enhancing legal supervision capabilities, strengthening legal supervision methods, and broadening legal supervision ideas. The path has fallen more realistic and detailed, and truly realized the transformation from 'governance of disease' to 'governance. "Shen Yuntian, director of the business information management office of the Supreme Prosecution Case Management Office, told reporters that the Supreme Prosecutor has already sorted out the data to sort out the data. Source, strive for more shared data, and provide basic support for the in -depth development of big data legal supervision.
The big data strategy of the procuratorial organs has also attracted great attention from some experts and scholars. Jin Honghao, an associate professor of the Institute of Science and Technology and Social Research of Beijing University of Chemical Technology, expressed high affirmation of the implementation of procuratorial organs' implementation of procuratorial big data strategies. He said: "The organic integration of big data will inevitably bring quality changes, efficiency changes, and dynamic changes to the procuratorial work, and help the new era of procuratorial work to achieve high -quality development." At the same time, he also suggested that procuratorial data governance as a new era procuratorial grassroots level The new focus of infrastructure is guided by the "quality" of procuratorial data quality, procuratorial data, and the "quality" of the accuracy of procrastination data models.
"Procuratorial organs implement procuratorial big data strategies. The relevant supporting system must keep up with. How to collect data, how to use it, and other boundaries, the concepts of case supervision, legal basis, and technical solutions need to be based on theoretical research. , Determined in the form of the system. "Liu Pinxin, a professor at the School of Law of Renmin University of China, said that big data provides raw materials for the procuratorial organs to trace the source of the traceability, and also provides new momentum for the procuratorial organs to realize their duties. , Better promote social governance.
In the era of big data, the implementation of procuratorial big data strategy is not a choice of answers, but a must -have. How to make good use of big data, promote the high -quality development of procuratorial work, and modernize the national governance system and governance capabilities. It is an innovation, pragmatic, and wise movement required by procuratorial organs and all prosecutors in the country. (Procuratorate Sun Fengjuan Chang Luqian)
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