The company had discontinued the salary for 5 years?A handwritten IOU is involved in 11 false lawsuits

Data sharp sword directly hit a false lawsuit

"The most hidden corner"

Jiangsu Suzhou:

Build a big data supervision model in the bankruptcy field

Single recovery of labor remuneration exceeds 300,000 yuan, the time for litigation is only a few months from the bankruptcy of the company, and the evidence chain is weak ... Recently, dozens of labor contract disputes involving a company in Suzhou City, Jiangsu Province are "packaged" The land is presented on the big data legal supervision platform developed by the Suzhou Procuratorate.

According to the "abnormal point" of platform analysis, the case may have the case of declaration of false labor claims. This clue is discovered by relying on the reporting model of false data legal supervision models of false labor claims constructed by Suzhou Procuratorate. This model integrates data screening, data portraits, and data collisions to directly hit the "most hidden corner" of false lawsuits.

Deck

Cross out 11 false lawsuits cases

In January 2021, Liu Fen, a prosecutor of Zhangjiagang City Procuratorate, discovered a dozen cases of pursuing a large amount of labor remuneration to Yongxin Company (pseudonym) when using the Suzhou Procuratorate's big data legal supervision platform. The evidence is only the owner of the company's boss. The experience of handling the case over the years made Liu Fen feel strange.

According to relevant regulations, in the distribution of bankruptcy property, the settlement of labor claims is preferentially prioritized for ordinary creditor's rights, which leads to evading debt performance by allowing acquaintances to declare false labor claims when they let acquaintances apply for false labor claims.

Zhangjiagang City Procuratorate reported the clue to the Suzhou Procuratorate, and the two -level procuratorate carried out a joint investigation. After investigation, Yongxin Company was not good at discontinued in 2013 and entered the bankruptcy procedure in 2020. However, in 2018, eight employees filed a lawsuit against the court, requesting paid pay for pay, with a amount of more than 100,000 yuan to 300,000 yuan, and a total of about 2200,000 yuan in claims.

Why did the company think of pursuing labor remuneration after 5 years of discontinuation? In response to the doubts of the case, the Suzhou Procuratorate checked the relationship between the personnel, social security payment, and salary payment records of the parties to the relevant cases. As a friend Zhang for many years, the labor relationship is doubtful.

After review, the Suzhou Procuratorate filed two protests on the series of cases of false labor claims of Yongxin Company, and 9 retrial procuratorial proposals were issued. The legitimate rights and interests of the creditors have safeguarded the authority and credibility of judicialness.

Data empowerment accurately identify "abnormal dots"

It is understood that in 2021, the Jiangsu court accepted 12,864 bankruptcy cases of various types of enterprises, an increase of 94.17%year -on -year. False labor debt cases were increasing year by year. Although the case of Yongxin Company has been completed, the phenomenon of the high incidence of false labor claims in the bankruptcy field has put forward higher requirements for the performance of procuratorial organs to perform legal supervision duties.

"In the past, the supervision of false labor claims mainly collected clues on passive ways such as the parties' application and the report of the case. If you want to break the "offensive and defensive alliance" and automatically screen valid clues from massive documents, big data has become an important means.

Severe data barriers is the first step to precisely capture clues. Therefore, the design path of the "one network and one system" in the model construction is first proposed. "One Net" refers to the preparation of a relevant case information network, that is, obtaining civil referee document data resources from the court. The "one system" refers to the establishment of information and data sharing mechanisms, obtaining corporate data from the market supervision bureau and enterprise, and inquiring about social security information and population information in specific cases.

This model is based on the key screening objects that enter the bankruptcy procedure or have not debt as the key screening objects, screening civil cases such as labor compensation disputes, labor disputes, etc., and relying on semantic analysis and element extraction. Sort out the highly doubtful enterprises and related cases, incorporate it into the same "collection", and push clues to the prosecutor through the Suzhou Procuratorate's big data legal supervision platform.

At the National Procuratorate's Digital Procuratorate held on June 29 this year, Bian Ye, deputy director of the Suzhou Procuratorate's Smart Prosecution Guarantee Center, made a report. In conjunction with the case of false labor debt supervision, she restored the process of how the model was through data portraits and accurately identifying the "abnormal point" process, which deeply attracted the audience. "The underlying logic of big data empowerment procuratorial supervision is to find abnormalities from a large amount of data through a large amount of data." Bian Ye concluded.

"Through technical means to extract information from objective original data, summarize knowledge for condensing practical wisdom, and realizing the gradual release of data value, which is the functional positioning of the big data legal supervision platform of the Suzhou Procuratorate." Class member Cai Kai introduced the role of the platform like this.

Release big data legal supervision

"Multiplication effect"

"Number of cases involved: 17", "Absence of trial" ... On the Suzhou Procuratorate's big data legal supervision platform, the "abnormal point" of suspected enterprises is automatically extracted by the platform as an eye -catching "red entry" and arranged below the name of the enterprise. Let the prosecutor clear at a glance.

"This big data model solves the common problems in the case handling. Since the use of the model, we have received a total of 449 clues involving false labor claims. At present, there are 24 clues in the case." Suzhou Procuratorate No. 1 Chen Jun, director of the Sixth Procuratorate, said. It is understood that since this year, the Suzhou Procuratorate has taken the lead in establishing a special class of big data legal supervision in the province, and promoting the work model of the two -level procuratorate "up and down linkage and integration". Model incubation construction, clue handling of tracking, and case extension management form a joint force.

Big data legal supervision models are applied in the middle of the case, making more and more front -line prosecutors benefit. It is reported that the Suzhou Procuratorate has created 16 big data legal supervision models involving criminal, civil, public interest litigation and other fields, forming a list of data resource lists containing more than 120 categories in hand data and more than 20 categories of data. Supervise case handling and comprehensive governance co -construction and mutual promotion pattern, and effectively solve the legal supervision problems under the "new scene" of the digital economy.

"Suzhou procuratorate will further strengthen big data thinking, innovate big data means, give full play to the value of big data, digging the growth point of legal supervision of case -based cases, and upgrade more 'digital model' to 'supervision templates' The "multiplication effect" of the Suzhou Procuratorate Li Jun said. (Procuratorate Lu Zhijian Guan Ying Shi Yingzheng)

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