[Law Exchange] Use digital procuratorial new roads to improve legal supervision efficiency

At the current and future stage, one of the focus of the procuratorial big data work should be to establish a national procuratorial supervision and supervision big data clue analysis platform to gather various big data legal supervision models that can be reused, promoted, and diversified. Using, using digital justice as the development direction of digital procuratorial construction, whether to significantly promote the procuratorial organs to perform their duties at a higher level, whether the supervision department is effectively urged to perform their duties in accordance with the law, and whether to defend and defend social fairness and justice as the evaluation standard for digital procuratorial construction. one.

Beijing University of Chemical Technology

Associate Professor of Institute of Science and Technology and Social Research,

China Computer Society

Jin Honghao

Digital prosecution is an important model for future procuratorial work, and it is also the key task of the reform of the procuratorial reform and strategic transformation in the new era. Its core essence is to empower data, algorithm, and science and technology empowerment, solve the problem that cannot be solved or solved in the traditional procuratorial work mode, and then comprehensively improve the efficiency of procuratorial work.

As human society enters the DT era from the IT era, it is different from the traditional procuratorial case handling model to rely on office (case) places, police vehicles, and case -handling equipment "service centers+information centers". Power, algorithm and algorithm support and leadership. Especially in the process of digitalization to digital business, the data service itself has gradually transformed from the nature of the logistics support of the IT era to the business central nature of the DT era. Affects the reliability, availability, and credibility of digital procuratorate. In the current digital procuratorial mode, the construction of the procuratorial big data center (sub -center) should be used as a strategic support point for digital procuratorial, and it should be made into data centers, intelligence centers, and knowledge centers that prosecutors perform legal supervision functions.

The procuratorial big data center (sub -center) will

Construction into a new era legal supervision

data center

In digital procuratorial construction, the procuratorial big data center (sub -center) shall undertake the core functions of procuratorial data hubs and even legal supervision of the entire process data hub. In the era of big data, the possibility of performing duties in legal supervision by procuratorial organs is based on the premise of data of the supervisory objects. Only by breaking the data barriers between departments can the procuratorial organs truly achieve the full performance of legal supervision functions. In some pilot areas, the large data collaboration platform for political and legal cross -department can effectively solve the problem of information islands in different fields, and realize the interconnection of work networks and case data handling data. In the future, in addition to the localized storage of data centers of various political and legal departments, in order to achieve a better performance of legal supervision functions, they should strive to allow procuratorates to actively retrieve the investigating agencies and trial agencies through the data interface with the support of the relevant departments. 2. The case handling data of the executive organs, and store the corresponding data copy in the procuratorial big data center (sub -center) as the source of data from legal supervision.

In order to implement the provisions of Article 5 and 19 of the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era", and to promote the effective implementation of legal supervision, it is recommended to further strengthen the "two laws" work, unblocking government affairs data and procuratorial data Effectively shared. The first is to strengthen the top -level design and further improve the two laws connection mechanisms at the "total general" level. According to the requirements of Article 42 of the Data Security Law and the requirements of the "Supreme People's Procuratorate on Promoting Administrative Law Enforcement and Criminal Judicial Connection", the establishment of a data sharing mechanism corresponding to the relevant ministries and commissions is established. Uniformly call data resources for the use of daily procuratorial supervision and supervision of four -level procuratorial organs across the country. The second is to establish a "point -to -point" mechanism for the provincial procuratorate. Outside the scope of "total to the total", establish a "point -to -point" data resource sharing channel with relevant departments in the province, as an important supplement to the "total to the total". The provincial procuratorial big data sub -centers are connected to the use of procuratorial supervision and use of procuratorial supervision of the third -level procuratorial organs in the region. The third is to establish an internal sharing and quality inspection mechanism of procuratorial data, and the inspection data is allowed to be allowed to call and shared across provinces and cities within the inspection system in order to handle cross -provincial cases; establish a normalized inspection of data quality of each branch center for procuratorial big data centers Mechanisms, reduce missing data, repeated data, error data, unavailable data, and steadily improve the quality of procuratorial data.

The procuratorial big data center (sub -center) will

Construction into a new era legal supervision

Intelligence center

In digital procuratorial construction, the procuratorial big data center (sub -center) should assume the function and initial screening function of the clue of procuratorial supervision. At present, the practice of increasing manpower, financial resources, and material resources alone cannot solve the problem of difficulty finding the clue of supervision. Data should be used as a new type of production factors outside the human property to create a digital procuratorial supervision model of "people are drying, counting, and clouds". However, as a "calculated" data, only the operation of the "algorithm" can exert the diversified function it contains. The author believes that at the current and future stage, one of the focus of the procuratorial big data work should be to establish a national procuratorial supervision big data clue analysis platform to gather various big data legal supervision models that can be reused, promoted, and diversified. The use of level procuratorial organs, using digital justice as the development direction of digital procuratorial construction, will significantly promote the procuratorial organs to perform their duties higher levels, whether the supervision department can perform their duties in accordance with the law, and whether to defend social fairness and justice as digital procuratorial construction as digital procuratorial construction One of the evaluation standards.

In order to implement the requirements of Article 52 of the People's Procuratorate's Organization Law, encourage, support and standardize the development of big data legal supervision models in an orderly manner at all levels. In response to legal supervision business scenarios, reasonably set up the rules of supervision and research, and continuously improve the accuracy and accuracy of procuratorial big data legal supervision models. In recent years, the enthusiasm of the procuratorial organs of various localities has risen, which has not only been rich in criminal procuratorial supervision models with traditional advantages, but also emerged as the "Criminal Trial Legal Supervision Model" of Zhengzhou Procuratorate in Henan Province and the "Detention Period of the Detention Period of the Procuratorate in Guangzhou City, Guangdong Province. Legal Supervision Models "and the" separate case handling legal supervision models "of Dongguan City Procuratorate in Guangdong Province; the shortcomings of the big data models in the field of civil procuratorial supervision and administrative procuratorial supervision are also made up. Supervision system ", Guiyang City Procuratorate" Administrative false litigation supervision platform "and so on. In the future, the relevant application technical standards of big data legal supervision models should be uniformly formulated to ensure that the big data supervision model can connect to the procuratorial business application system, directly call the procuratorial big data center (sub -center) data resources, and directly summarize the screened data to the procuratorial procuratorial. Supervise big data clues analysis platforms to avoid repeated construction and repeated investment. Due to the particularity of judicial procuratorial work, the requirements for the accuracy of the model of the legal supervision business are much higher than the general level of the commercial model. The model training tasks of the pilot procuratorate are heavier and the cycle is longer. Only after full inspection can it be promoted nationwide. In the future, we can explore the establishment of a normalized big data legal supervision model competition mechanism, and focus on evaluating the procuratorial big data model that has been piloted for more than a year. In addition to notifying the excellent legal supervision model It can also be recommended to continue in -depth research by participating in the special research and development of national key R & D plans and the special scientific research business fees of the Central Public Welfare Research Institute. Through the continuous refinement of the supervision model, in the future ideal state, procuratorial big data centers (sub -centers) will be able to provide clue and intelligence information services for criminal litigation supervision, civil litigation supervision, administrative litigation supervision, and public interest litigation procuratorial. The procuratorial big data center (sub -center) will

Construction into a new era legal supervision

Knowledge center

In digital procuratorial construction, the procuratorial big data center (sub -center) should also assume the new think tank function of procuratorial data knowledge generation and procuratorial research. With the development of the times, in addition to the traditional social science law and doctrine law, emerging digital law, data law, and computing law have opened a new legal research paradigm. Its epistemology and methodology have changed significantly. There is also a change in the perspective. From the perspective of digital law and computing algorithm, studying procuratorial cases and analyzing legal supervision can truly realize that "intelligence is the core of intelligent inspection, which is emphasized by the Attorney General of the Supreme People's Procuratorate. Intelligence is inseparable from the use of scientific laws And extension, it is inseparable from the summary and in -depth excavation of the internal laws of smart inspection. It is necessary to combine the instructions of the formal logic of natural science and the dialectical logic of social sciences "to further enhance the awareness and data support of procuratorial research.

In order to build a digital knowledge center, the procuratorial big data center (sub -center) shall jointly cooperate with the legal institutions and the procuratorial scientific research department to carry out data insights through the "jurist+prosecutor+procuratorial technology expert", combined with the procuratorial business scenario The development of procuratorial development has strategic value. That is, the low -level data is converted into high -level data, the procuratorial data is transformed into prosecution information, and the procuratorial knowledge will be refined, and the inspection wisdom will be finally formed. Laws, etc., and then better guide procuratorial practice. In the first stage of the early stage, data insights mainly focused on surface phenomena, such as currently more popular case supervision, sentencing deviation analysis, and intelligent case retrieval, and use data comparison and other methods to help legal practice and academic research. The upcoming second stage should focus on the cause of the cause, based on machine learning methods to carry out "big data portraits" on legal practice, and through data collision, related analysis, regression analysis, explore the deep laws hidden behind the judicial phenomenon. At present, there are some individuals. Empirical law studies have adopted the above methods, but have not yet been popularized. In the third phase of the future, data prediction should be focused, and procuratorials can be used through data intelligence to help prosecutors, and provide more sufficient data guidelines for the accurate supervision of procuratorial organs, preventing crimes, and sources of complaints. (Prosecutor's Daily)

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