CCTV News:Recently, the Supreme People’s Procuratorate issued the first batch of typical cases of judicial assistance in big data empowerment cases, summed up the experience and practices of grass-roots procuratorates in establishing a big data model of judicial assistance, promoted the information sharing and two-way connection between judicial assistance and social assistance, and promoted the high-quality and effective development of the prosecution of complaints with the "digital revolution".
There are five cases in this batch, namely: the People’s Procuratorate of Guanyun County, Jiangsu Province builds a big data model empowerment case rescue based on the judicial assistance service platform for rural revitalization, the People’s Procuratorate of Yueqing City, Zhejiang Province builds a multi-linkage judicial assistance big data model empowerment case rescue, and the People’s Procuratorate of Pan ‘an County, Zhejiang Province builds a big data model empowerment case rescue based on the "one thing" platform for judicial assistance. The Shanxian People’s Procuratorate of Shandong Province relies on the judicial assistance clue screening application platform to build a big data model to enable case assistance, and the Weidu District People’s Procuratorate of Xuchang City, Henan Province builds a big data model to enable case assistance for judicial assistance against personal rights.
It is reported that in this year’s special activities of "paying attention to women in difficulty, strengthening special judicial assistance" and "judicial assistance helping to promote rural revitalization in an all-round way", local procuratorial organs have judged past cases of judicial assistance, relying on the national procuratorial business application system and local big data resources to tap rescue clues with big data empowerment, improve rescue efficiency, realize timely discovery of rescue clues, and coordinate the promotion of judicial assistance and social assistance.
In view of the difficulties in finding clues of judicial assistance, the single channel of assistance, and the non-uniform standards of assistance, some local procuratorial organs have also actively explored the construction of a multi-linkage judicial assistance data model to summarize, analyze and screen the data of the parties involved in personal injury cases such as intentional injury and traffic accidents, cases that cause major property losses, cases involving alimony, alimony, childcare fees and other vulnerable groups, and cases involving lawsuits and letters and visits. Summarize and refine the rules, realize the transformation of rescue clues from manual arrangement to intelligent screening, and change case acceptance from case application to case push. At the same time, based on big data research, actively promote the connection between judicial assistance and social assistance, form the superposition effect of different rescue policies, and actively participate in social governance, and achieve good results.
Typical cases of judicial assistance in big data empowerment cases
(the first batch)
Case 1
Jiangsu province Guanyun county people’s procuratorate
Relying on judicial assistance to serve rural revitalization
Materialized work platform
Building a big data model to empower case rescue
[Keywords:]
Judicial assistance big data model Judicial assistance service rural revitalization materialization work platform procuratorial government linkage to improve assistance efficiency and continue assistance.
【 gist 】
For the problems existing in the judicial assistance work, such as poor information connection, inconsistent assistance standards, and untimely coordination among departments, the procuratorial organs can strengthen communication and coordination with relevant government functional departments, break down information barriers, integrate the judicial assistance big data work platform, build a judicial assistance big data model based on the platform, realize the information sharing between judicial assistance and social assistance, lock the assistance targets through data monitoring and judgment, accurately calculate the amount of assistance, and simultaneously carry out judicial assistance and classified assistance to better consolidate.
[clue discovery]
Since the Supreme People’s Procuratorate and the National Rural Revitalization Bureau deployed the special activity of "judicial assistance to promote rural revitalization in an all-round way", 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, 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 practice, the procuratorial organ does not know whether the family of the party concerned is in trouble because of the case. On the one hand, it fails to "rescue the object that should be rescued"; On the other hand, in addition to the applicant’s self-report or the proof provided by the applicant’s village (community), the procuratorial organ should also conduct necessary investigation and verification on the applicant’s family situation, resulting in a long time for judicial assistance. In addition, in practice, the phenomenon of "different help" appears in similar cases or cases with similar victims’ plight, which affects the rescue effect.
[data empowerment]
Under the background of accelerating digital prosecution, Guanyun County People’s Procuratorate relies on the linkage mechanism between judicial assistance and social assistance, actively considers the practical path of data-enabled judicial assistance around the strategic planning of rural revitalization, and explores the construction of an integrated platform for information assistance. After coordination with the relevant departments of the county, Guanyun County People’s Procuratorate established a platform for judicial assistance service to revitalize the countryside in the 12309 procuratorial service center of our hospital.
The platform is a big data platform for judicial assistance jointly created by the procuratorate and the government. The main structure is the application of big data of "one pool, one system, one standard and multiple cycles". "One pool" refers to a data pool that is connected to the local databases in the national social assistance business information system, the national child welfare information system, the information service platform of the National Disabled Persons’ Federation, the medical security information platform of Jiangsu Province, and the information management system of employees with difficulties in Jiangsu trade unions. "One system" means that, after the request and report of Guanyun County People’s Procuratorate, the Political and Legal Committee of the county party committee will take the lead and sign the Opinions on Establishing and Perfecting the Connection Mechanism between National Judicial Assistance and Other Social Assistance to Promote Rural Revitalization with 20 relevant units in the county including rural revitalization, civil affairs relief, medical assistance, education assistance, skills training, employment guidance and legal aid. "One standard" refers to the Detailed Rules for the Implementation of the Classification and Quantification Standard for Judicial Assistance Funds formulated by Guanyun County People’s Procuratorate to solve the problem of "different assistance in the same case". According to various quantitative elements in the Detailed Rules, a legal intelligence model is constructed by establishing a regular numerical algorithm to accurately calculate the specific amount of assistance in a case and ensure fair assistance. “"Multi-cycle" means that the Guanyun County People’s Procuratorate has jointly established a platform construction and application leading group with various departments. At present, it has established eight communication channels with the County Rural Revitalization Bureau, the Civil Affairs Bureau, the Disabled Persons’ Federation, the Federation of Trade Unions, the Women’s Federation, the Medical Insurance Bureau, the Judicial Bureau and other units. While the procuratorial organs use the platform to realize rapid inquiry, they will push the judicial assistance information to relevant functional departments in time, guide the development of social assistance and help, and form a number of cycles, so as to realize effective connection and effective connection between judicial assistance and social assistance.
(1) Data sources
The materialization platform of judicial assistance service for rural revitalization adheres to the key orientation and demand orientation. In the early stage, the information of low-income households, low-income households, children in distress and disabled people in the county was imported into the platform by manual filling and recording, and the data was updated once a month, initially realizing data pool collection. In the later stage, relevant websites such as Internet, government intranet, and procuratorial work network will be built, and the information provided by the county Federation of Trade Unions, the Medical Insurance Bureau, and the Women’s Federation on employees with difficulties, medical assistance targets, and women with "two cancers" will be collected to form an information collection center that accommodates 6 systems, 8 types of data, and an online petition information system of procuratorial organs, so as to realize real-time data sharing.
(2) Data elements
Including: 1. Low-income people; 2. Children in distress; 3. Disabled persons with certificates; 4. Difficult employees; 5. Medical assistance objects; 6. Women in difficulty; 7. Other difficult personnel.
(3) Data model
Mainly based on Opinions on Establishing and Perfecting the National Judicial Assistance System (Trial), Detailed Rules for the People’s Procuratorate to Carry out National Judicial Assistance, Interim Measures for Social Assistance (revised in 2019), Opinions of the General Office of Jiangsu Provincial Government on Strengthening Social Assistance Work, etc., six judgment rules are refined and two data models are constructed.
Model 1: Data model for screening rescue objects
1. Applicable objects
It is mainly used for victims and their close relatives or complainants in five major types of cases, such as personal injury cases caused by criminal cases or civil tort cases such as traffic accidents, cases causing major property losses due to cases, cases involving alimony, alimony, child care and other vulnerable groups, and cases involving lawsuits and letters and visits.
2. Analytical methods
When receiving and handling cases, the case management and other business departments of procuratorial organs find that the victims may be low-income people, disabled people, minors, etc., they will promptly transfer the case clues to the complaint prosecution department, which will search the victim information on the platform of judicial assistance service for rural revitalization and materialization, and comprehensively analyze whether it meets the conditions of judicial assistance, so as to lock the target of assistance and realize rapid judicial assistance.
3. Judgment rules
Rule 1: After the case occurs, the victim cannot obtain effective compensation through litigation;
Rule 2: the victim is trapped by the case and his life is facing urgent difficulties;
Rule 3: Other judicial organs did not provide judicial assistance.
Model 2: Data model for calculating the amount of assistance.
1. Applicable objects
The procuratorial organ decides the object of judicial assistance.
2. Analytical methods
After deciding to give assistance, according to the information of different types of assistance objects screened in the platform and the quantitative elements determined by the Guanyun County People’s Procuratorate’s Detailed Rules for the Implementation of the Classification and Quantification Standards for Judicial Assistance Funds, the basic amount of assistance for each case is first calculated; Secondly, low-income households, children in difficulties, disabled people, women in difficulties, employees in difficulties, medical assistance objects and other difficult people are taken as key assistance objects, and the additional amount is calculated. The final actual amount of assistance = (basic amount+additional amount) × fault coefficient.
3. Judgment rules
Rule 1: Determination of the basic amount of assistance. Basic amount of assistance = basic amount of assistance × (case type coefficient+life difficulty coefficient). Among them, the benchmark amount of assistance is determined according to the level of county economic and social development, combined with the average amount of judicial assistance paid by Guanyun County People’s Procuratorate in the past three years, and can be adjusted according to the level of economic and social development; Coefficient of case type Different coefficients are determined according to different types of cases ("coefficient" is a certain multiple of the benchmark amount of assistance, the same below); The life difficulty coefficient is determined to be 1-5 times, 5-10 times and 10-15 times respectively according to different degrees of difficulty.
Rule 2: Determination of the additional amount of assistance. If the relief target is the children with special care and difficulties and the disabled (level 1-2), the relief fund will be increased by 5-10 times the benchmark amount on the basis of the calculated relief fund; If the assistance target is women in difficulty, employees in difficulty, medical assistance target, disabled people (grade 3-4) and other people in difficulty, the assistance amount will be increased by 1-5 times of the assistance benchmark amount on the basis of the calculated assistance amount.
Rule 3: Determination of fault coefficient. According to the responsibility of the party to be rescued in the case, determine the specific coefficient.
(4) Data push
For the relief objects that can be retrieved by the platform, the Guanyun County People’s Procuratorate, while carrying out judicial relief, pushed the specific situation of the relief objects to the relevant functional departments such as civil affairs, rural revitalization, education, and disabled persons’ federations, and suggested that diversified social relief should be carried out according to the "1+20+N" mechanism to form a joint force of assistance. If the relevant personnel who have been unable to be retrieved by the platform and decide to carry out judicial assistance after visiting and investigating, a Letter of Advice on Social Assistance will be issued to the relevant functional departments at the same time, and it is suggested to take long-term assistance measures such as including the minimum living allowance, monitoring and helping the unstable households out of poverty, and households vulnerable to poverty at the edge.
[Case-like assistance]
(a) take the initiative to help, and comprehensively improve the efficiency of judicial assistance. Guanyun County People’s Procuratorate relies on the platform of judicial assistance to serve the rural revitalization, and carries out real-time screening and monitoring on the information of low-income households, low-income households, children in distress, disabled people and other groups. If it finds that there is a risk of poverty caused by the case, it will change the passive application into active assistance, start the judicial assistance procedure in time, improve the efficiency of aid payment, give better play to the role of judicial assistance in emergency relief, and consolidate and expand the achievements of poverty alleviation through procuratorial initiative to serve rural revitalization. By April 2023, the hospital had successfully rescued 109 people through the big data platform, and paid 1.178 million yuan in aid. The amount of aid for similar cases did not exceed 30%, and the average payment period of judicial aid was greatly shortened from 22 days to 7 days.
(two) continue to rescue and consolidate the effect of judicial assistance. In view of the fact that family life of some recipients may still be difficult due to illness or other reasons after judicial assistance, Guanyun County People’s Procuratorate regularly inquires about the recipients through the platform to screen whether their family difficulties have changed. For those whose family life is still difficult, we will conduct on-the-spot visits with rural revitalization departments, monitor and help unstable households out of poverty and marginal households prone to poverty at the same time, and provide classified assistance to rural low-income people to consolidate and strengthen the effect of judicial assistance. By April, 2023, the People’s Procuratorate of Guanyun County had issued 37 letters of advice on social assistance based on the big data platform, helping the recipients to enjoy the minimum living allowance of 23 people and the treatment of 9 children in distress, simultaneously monitoring and helping 16 unstable poverty-stricken households and marginal poverty-prone households, coordinating relevant departments to reduce medical expenses by more than 400,000 yuan, reducing room and board expenses and implementing education poverty alleviation funds by more than 80,000 yuan.
travel to watch industry
Yueqing People’s Procuratorate of Zhejiang Province
Constructing Multi-linkage Judicial Assistance
Big data model empowerment case rescue
[Keywords:]
Big data model of judicial assistance, mining clues of assistance, and linkage assistance of social assistance platform.
【 gist 】
For victims who have suffered personal injury due to intentional injury, traffic accidents, etc., and cannot obtain effective compensation through litigation, the procuratorial organs should actively perform their duties and take the initiative to carry out judicial assistance. We should pay attention to promoting the sharing of data such as judicial handling and social assistance, realize intelligent analysis and matching through digital modeling, and effectively tap clues of judicial assistance. It not only carries out judicial assistance in the procuratorial link in real time, but also actively expands judicial assistance in the trial execution link. At the same time, it strengthens the linkage interaction between judicial assistance and social assistance, and improves the quality and efficiency of verification of people in need with the help of the team of political and legal grid members, effectively building a multi-linkage relief work pattern.
[clue discovery]
The People’s Procuratorate of Yueqing City, Zhejiang Province analyzed and judged 115 cases of judicial assistance handled by our hospital from 2016 to 2021, and found that 80% of them involved intentional injury, traffic accidents and other personal injury cases, and the types of assistance cases were highly identical. After visiting the court and the Civil Affairs Bureau, it is found that there are a large number of situations in which life is in trouble due to the failure to implement the compensation in place in civil cases of traffic accidents, and there are also many cases in which social assistance objects meet the conditions of judicial assistance or need social assistance, so it is necessary to carry out case-based assistance and joint assistance.
[data empowerment]
In order to solve the above problems, Yueqing People’s Procuratorate decided to build a multi-linkage judicial assistance data model based on the procuratorial business application system, the data application platform of Zhejiang Procuratorate, the social assistance platform and the grass-roots governance platform. By summarizing, analyzing and screening the judicial handling data such as procuratorial handling, court judgment and execution with the data of the social assistance platform and the grass-roots governance platform, the rescue clues can be found in time, and judicial assistance and social assistance can be promoted in coordination, and efforts should be made to build an efficient and coordinated "1+1+N".
The first "1" refers to the establishment of a data pool, which is connected with the four platforms of social assistance platform and grass-roots governance, to obtain the data of low-income groups and other difficult groups and the data of social assistance that has been carried out, and to obtain the trial and execution data from the judgment document network and the court, and to collect them with the data of the procuratorate’s examination, arrest and prosecution, thus forming a data pool for accurately checking the rescue objects. The second "1" refers to establishing a mechanism, jointly issuing the "Opinions on Establishing a Linkage Mechanism between Judicial Assistance and Social Assistance" with the Political and Legal Committee of the Municipal Party Committee and the Civil Affairs Bureau, relying on the four platforms of grass-roots governance, and making full use of the grid staff of township streets to obtain timely information on vulnerable groups such as people suffering from illness, disabled people, empty nesters, left-behind women and children, carry out timely investigation and verification, and accurately carry out judicial assistance and transfer to social assistance; Relying on the digital social assistance platform which integrates the functions of "one-stop acceptance", "multi-department joint operation", "social force participation", "active early warning" and "monitoring returning to poverty" of the Civil Affairs Bureau, the communication channels between the Municipal Procuratorate and the functional departments such as the Municipal Charity Federation, the Red Cross Society, medical care, housing construction, human society, education, women’s federations, disabled persons’ federations, and township streets will be established, so as to realize the information sharing of assistance clues and promote the formation of a joint rescue force that can actively perform its duties. "n" means diversified rescue and assistance methods,By combining the functional departments and people’s livelihood enterprises such as power supply and water supply into the social assistance system, and mobilizing social forces, we will comprehensively use various forms such as economic assistance, medical assistance, living placement, schooling and employment assistance, educational support, psychological intervention, etc. to carry out joint assistance and assistance, adhere to the principles of saving everything, adapting to the case, timely and accurate, and effectively help the needy parties solve their life problems, improve their living conditions, prevent poverty caused by cases, and help comprehensively promote rural revitalization.
(1) Data sources
1. Review arrest and prosecution documents (from the national application system of procuratorial business), criminal judgment documents, civil judgment documents and court execution data (from the judgment document network and Yueqing People’s Court);
2. Data of social assistance personnel (from the Social Assistance Service Center of Yueqing Civil Affairs Bureau);
3. Data of low-income and low-income households (from Yueqing Civil Affairs Bureau);
4. Data of disadvantaged groups in township streets (from four platforms of grass-roots governance in Yueqing).
(2) Data elements
Review the data of victims involved in intentional injury and traffic accidents in the arrest and prosecution links.
The data of intentional injury, victims of traffic accidents and victims of civil compensation for traffic accidents in which the judgment takes effect.
Court enforcement data.
Data of disadvantaged groups in low-income and township streets.
(3) Rules for data analysis
According to the "Detailed Rules for the People’s Procuratorate to Carry out National Judicial Assistance", it meets the conditions of judicial assistance and requires the parties to be injured by illegal crimes or suffer heavy property losses, and cannot obtain compensation through litigation, resulting in difficulties in life. Accordingly, the multi-linkage judicial assistance data model focuses on the screening of three key points: personal injury, no compensation and life difficulties. The victim information is screened in criminal and civil legal documents, and the information of victims who have not been compensated is obtained by setting filtering conditions. Then, the information is intersected with the low-income data of the civil affairs department, the data of people who have carried out social assistance, and the data of the disadvantaged groups on the four platforms of grassroots governance, and the objects who may need judicial assistance are preliminarily screened out, and then further manual verification is carried out. At the same time, reverse screening is carried out, and the data of judicial aid workers and those who have already carried out social assistance are subtracted, and those who may need social assistance among judicial aid workers are diverted to relevant functional departments to carry out social assistance through the social assistance platform.
(4) Data analysis steps
Model 1: Screening and reviewing the victims who have not been compensated in the process of arrest and prosecution.
The first step: screen out the information about the documents of examination, arrest and prosecution involving intentional injury and traffic accident;
Step 2: Eliminate the documents including "mediation agreement", "compensated" and "understanding" to form the data of uncompensated victims;
Step 3: Intersect the data of uncompensated victims with the data of low-income households in Yueqing and the data of disadvantaged groups in villages and towns, and screen out the information of victims belonging to people with difficulties in life;
Step 4: Manually check the situation of victims with difficulties in life and determine the object of judicial assistance.
Model 2: Screening the parties who cannot get compensation through litigation.
Step 1: screen out the criminal judgment documents involving intentional injury and traffic accidents and the civil judgment documents involving 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, and extract the data elements of the applicant executor;
Step 3: Intersect the victim data of criminal cases and civil cases with the data of the applicant executor who terminated the execution and this execution by the court, and get the situation that there may be no compensation;
Step 4: compare the data of victims who have not been compensated with the data of low-income households in Yueqing City and the data of disadvantaged groups in villages and towns, and get the people with difficulties who may not be compensated;
Step 5: Manually check the situation of people with difficulties in life who may not be compensated, and determine the object of applying for judicial assistance.
Model 3: Screening whether the people who have already carried out social assistance meet the situation of judicial assistance.
Step 1: Match and analyze the data of rescuers in the social assistance service center with the data of uncompensated victims in the first two models, and screen out those who may need judicial assistance;
Step 2: Manually check the personnel identified above, and provide judicial assistance if they meet the requirements for judicial assistance.
Model 4: Screening out those who can further carry out social assistance after judicial assistance.
Step 1: screen out the data of the people who have already carried out judicial assistance and extract the data elements of the rescued people;
Step 2: screen out the data of the rescued people in the social assistance service center and extract the data elements of the rescued people;
Step 3: Exclude the data of people who have received social assistance from the data of people who have received judicial assistance, and determine the data of people who have received judicial assistance but have not received social assistance;
The fourth step: review and investigate the manual documents for the case to determine the data of people who need further social assistance;
Step 5: By screening the fields such as "Yueqing domicile" and "prefix number of Yueqing national identity card" in the document, we can distinguish the local people and the foreign people who need assistance, and suggest the social assistance center to carry out corresponding assistance measures for different people.
[Case-like assistance]
Through sorting out key cases, improving data screening rules, setting key data elements, and through the data connection with social assistance centers, accurately identifying the victims who have not been compensated in the procuratorial link and the trial execution link, realizing the intelligent matching of information between judicial assistance personnel and social assistance personnel, timely discovering the clues of cases that need joint assistance of judicial assistance and social assistance, and effectively improving the quality and effectiveness of diversified assistance. In 2022, Yueqing People’s Procuratorate used big data to carry out modeling and analysis, and screened out 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 clues of social assistance were actually transferred, and 42 cases of judicial assistance were carried out, including 6 cases involving minors, 5 cases involving low-income people, 24 cases involving women and 7 cases involving the disabled, and 504,000 yuan of assistance was paid. The number and amount of assistance cases increased by nearly 70% year-on-year. In particular, in the process of investigating and handling cases such as arrest, prosecution, etc., timely assistance was provided to more than 20 victims in the process of litigation, and the parties were helped out of the predicament to the greatest extent.
At the same time, through the joint efforts of the Political and Legal Committee of the Municipal Party Committee, the civil affairs departments and other departments to introduce a linkage mechanism, the case clues of data screening will be accurately pushed to the team of political and legal grid members, so as to achieve accurate verification of the situation of people in need at fixed points, promote the construction of a cross-departmental linkage rescue work pattern, and effectively improve the accuracy of rescue. In 2022, Yueqing Municipal People’s Procuratorate, together with the grid staff under the Political and Legal Committee of the Municipal Party Committee, conducted more than 50 family condition surveys, and coordinated the social assistance service center of the Civil Affairs Bureau to carry out social assistance for 12 people, and the joint assistance achieved good results.
Case 3
Pan ‘an County People’s Procuratorate of Zhejiang Province
Relying on the "one thing" platform of judicial assistance
Building a big data model to empower case rescue
[Keywords:]
Judicial Assistance Big Data Model Judicial Assistance "One Thing" Platform Clue Screening Social Assistance Supervision and Governance
【 gist 】
For the problems such as difficulty in finding judicial assistance clues, single assistance channel, lack of assistance, different assistance standards, and insufficient supervision and governance, procuratorial organs can build a smart assistance platform, break down data barriers, realize information sharing, classify and integrate judicial data of key groups, summarize and refine rules by using big data, artificial intelligence and other technical means, realize the transformation of assistance clues from manual touch to intelligent screening, and change case acceptance from case application to case push, and actively promote judicial assistance and based on big data research.
[clue discovery]
At present, there are some problems in some local judicial assistance work, such as large potential assistance base, difficult to dig out assistance clues, difficult to balance assistance standards, inadequate connection between assistance and assistance, and imperfect supervision and evaluation. In addition, various assistance policies are fragmented and asymmetric, which leads to insufficient timeliness of assistance, lack of ability to review assistance conditions and quantify assistance amount, disjointed assistance procedures and poor cooperation in assistance, and one-time assistance can not really help key difficult groups out of their life difficulties, and insufficient joint efforts to resolve contradictions between letters and visits involving lawsuits. In order to solve the above problems, the People’s Procuratorate of Zhejiang Province, in the research practice of promoting the construction of 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 as a pilot.
[data empowerment]
After sorting out the relevant regulations, the People’s Procuratorate of Pan ‘an County, relying on the integration of politics and law in Zhejiang Province and local big data resources, created a "one thing" platform for judicial assistance, and built four multi-span scenarios: intelligent screening, graded assistance, social assistance and supervision and governance. The platform brings together the data information of the national procuratorial business application system, social governance center information system and other platforms, and the data information obtained by various social assistance functional departments through various channels, effectively promoting clue screening, improving quality and efficiency.
The "one thing" platform for judicial assistance is mainly based on Opinions on Establishing and Perfecting the National Judicial Assistance System (Trial), Detailed Rules for the People’s Procuratorate to Carry out National Judicial Assistance, Opinions of the Supreme People’s Procuratorate on Comprehensively Strengthening the National Judicial Assistance for Minors, the Supreme People’s Procuratorate, Implementation Opinions of the Office of the Leading Group for Poverty Alleviation and Development of the State Council on the National Judicial Assistance Work of Procuratorial Organs to Support Poverty Alleviation, Opinions on Strengthening Judicial Assistance Work for Retired Soldiers, and experience in handling cases, analyze the universal characteristics of assistance objects, set up assistance points in combination with the criminal case handling process, and set up eight analysis models according to different charges, which can be optimized or added according to local realities and various special assistance activities.
(1) Data sources
The "one thing" platform for judicial assistance adheres to the demand orientation, deeply analyzes the problems existing in clue sources, assistance standards, assistance connection, supervision and governance, and clarifies the reform tasks involved in the integrated handling of assistance. Taking reshaping the assistance business process as the starting point, data sharing is realized through interface docking, batch import and special access.
1. Digital files of criminal cases. Docking the national procuratorial business application system, taking the node time of criminal proceedings as the axis, the digital files of criminal cases are obtained. The key documents include submission for approval of arrest, submission for prosecution, indictment, criminal judgment, interrogation record, expert opinion, road traffic accident confirmation, settlement agreement, letter of understanding, etc.
2. Data of key difficult groups. According to the cooperation mechanism of judicial assistance and the connection mechanism between judicial assistance and social assistance, the docking big data bureau regularly downloads in batches, and collects 16 types of data from 12 departments including the Civil Affairs Bureau and the Disabled Persons’ Federation, including low-income households, marginal people with low-income allowances, and disabled people.
3. Multiple special data. According to the requirements of special activities, the petition data related to law and litigation are obtained from information systems such as petition departments and social governance centers.
(2) Data elements
Data elements of digital files of criminal cases.
Data elements of key difficult groups.
Other special data.
(3) Rules for data judgment
In order to realize "all rescue should be done" and "all rescue should be done", the clues of judicial assistance should be effectively mined from the massive case data, and the judicial assistance procedure should be initiated ex officio. According to the general characteristics of previous judicial assistance objects and the key points of assistance, an "intelligent screening" module was constructed. Based on the digital file, an analysis model was established according to different crimes, and 62 keywords or similar words in 6 categories were sorted out. Analyze the characteristics of victims in criminal cases, and judge them with key contents as elements. The key words of digital files are captured by OCR recognition, and the data modeling is realized by decision tree. The characteristic information of victims is generated synchronously and compared with the collected special database information of key difficult groups to draw a conclusion. Based on the convergence of conclusions, accurate portraits were made for the people involved in the case, and the "red, orange and yellow" three-color grading warning was given to the rescue needs.
(4) Classified assistance, supervision and governance
Classified assistance. In order to realize intelligent analysis of rescue stage, intelligent combination of rescue methods and intelligent recommendation of rescue amount, the modules of "graded rescue" and "social assistance" are constructed. By setting different weight coefficients, the degree of difficulty is judged by grading, and the amount to be rescued is recommended by grading, thus realizing the quantification of rescue standards. According to the actual case, automatically recommend the rescue stage, accurately identify the rescue type, 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. If the data of key difficult groups generated by screening are judged not to meet the requirements of judicial assistance for the time being, but meet the requirements of social assistance, they will be pushed to relevant functional departments in time through the platform "Zhezheng Nail End" to continuously follow up the living conditions of the recipients, optimize the connection of multiple assistance in time, follow up the dynamics of assistance handling, and realize the closed-loop management of the whole process of handling assistance cases.
Supervision and governance. Real-time supervision of the quality and effectiveness of assistance based on the data such as the number of days of case handling and the average amount of assistance in each case, and supervision of the handling of assistance cases and the approval of funds. Visually manage the progress of the use of relief funds and realize the scientific and efficient use of relief funds. Use the platform to pay more attention to special types of cases, cooperate with departments to carry out diversified assistance and long-term assistance, properly resolve contradictions and disputes, and optimize grassroots social governance. In view of the fact that the parties concerned fail to perform their duties due to procedural problems when applying according to law, timely supervise and correct them and urge them to perform their duties according to law.
[Case-like assistance]
The People’s Procuratorate of Pan ‘an County relies on the "one thing" platform of judicial assistance, integrates assistance resources, effectively solves the problem of difficulty in finding assistance clues, and realizes the integrated handling of judicial assistance. For example, after Hu Moumou’s fraud case was accepted, the platform suggested that there were many victims and all of them were elderly people, involving low-income households, disabled people and other key difficult groups, and there were many key rescue clues. The procuratorial organs started the rescue procedure ex officio and handled 8 cases of judicial assistance for the victims of pension fraud. Sign with relevant functional departments the Opinions on Establishing and Perfecting the Communication and Contact Mechanism of National Judicial Assistance in Procuratorial Organs to Support Poverty Alleviation and Several Provisions on Establishing the Linkage Mechanism between National Judicial Assistance and Social Assistance (for Trial Implementation), integrating judicial assistance with employment guidance, educational assistance and psychological intervention. Carry out the special action of judicial assistance for families of murder victims, and intelligently compare the information of death victims in the digital files of criminal cases imported into the platform with the information of letters and visits related to law and litigation and the data of key difficult groups collected in the platform, and screen out 6 clues for family assistance of murder victims, so as to effectively resolve contradictions and disputes through explanation, judicial assistance and social assistance. In the special activities to help women in difficulty, the information of women victims in the digital files of criminal cases was screened through the platform, and compared with the data of key difficult groups intelligently, and 9 cases involving women in difficulty were found and handled.
The People’s Procuratorate of Pan ‘an County also piloted the sharing of law enforcement and judicial information, collected political and legal data and government affairs data of potential rescue groups, and provided data support for 15 special supervision of digital prosecution. If you refuse to accept the court’s effective administrative judgment and file a supervision application with the procuratorial organ, if the system judges that the applicant is a key difficult group and meets the conditions for assistance, it will prompt the prosecutor to follow up the judicial assistance simultaneously and help resolve the administrative dispute substantially.
Case 4
Shandong province shan county people’s procuratorate
Relying on judicial assistance clue screening application platform
Building a big data model to empower case rescue
[Keywords:]
Judicial Assistance Big Data Model Clue Screening Application Platform Linkage Assistance Diversified Assistance Service Rural Revitalization
【 gist 】
In order to solve the problems of few clues in judicial assistance cases and untimely assistance, the procuratorial organs set up a smart application platform for judicial assistance clues screening by focusing on key groups such as poor households, minors, disabled people, and law-related petitioners who had difficulties in life due to the case. Through data comparison and collision, the clues in judicial assistance cases were accurately and efficiently screened, and the parties applied for active investigation for the procuratorial organs, running out of the "acceleration" of judicial assistance, fully preventing and resolving the risk of poverty caused by returning to poverty due to the case and solving it in time.
[clue discovery]
In recent years, the Shanxian People’s Procuratorate of Shandong Province found that the difficulty in carrying out judicial assistance lies in the screening and obtaining of case clues. The main reasons are as follows: First, the victims lack understanding of judicial assistance and their awareness of actively applying for assistance is not strong; Second, some victims did not apply for assistance in time because of their low educational level and difficulties in traveling; Third, manual case-by-case screening is inefficient, time-consuming, and has a small coverage, and there will be clues missing. In 2021, the People’s Procuratorate of Shan County handled 75 cases of judicial assistance, and all the clues were found by case-by-case screening in the handling of criminal cases. The channels for obtaining clues were narrow and inefficient.
[data empowerment]
The Supreme People’s Procuratorate has deployed a special activity of "judicial assistance to help consolidate and expand the achievements of tackling poverty and promote rural revitalization", explicitly requiring that the parties with difficulties in life in rural areas who have entered the process of procuratorial handling cases and are at risk of returning to poverty due to cases should increase judicial assistance. The Shanxian People’s Procuratorate actively implemented the deployment of special activities, took the digital procuratorial construction as an opportunity, made serious judgments, made bold attempts, built a big data model, and intelligently screened the judicial assistance clues of poor households, minors, disabled people, law-related and litigation-related petitioners who entered the procuratorial link.
The People’s Procuratorate of Shan County made overall plans for "inside and outside", and on the basis of fully excavating the internal case handling data, it established a data sharing mechanism with the County Big Data Bureau and obtained relevant data. At the same time, it signed joint assistance opinions with county civil affairs, rural revitalization, disabled persons’ federations and other units to jointly promote the judicial assistance work of big data empowerment. In October, 2022, the application platform of judicial assistance clues screening of Shanxian People’s Procuratorate was officially put into operation, which opened a new case-handling mode of using data to quickly, accurately and comprehensively screen judicial assistance clues of key relief groups.
This platform is a judicial assistance clue screening platform independently developed by Shan County People’s Procuratorate relying on the national procuratorial business application system. It mainly screens out judicial assistance clues quickly and accurately through the mode of "two databases and four comparisons". The "two databases" refer to the basic database and the screening database, and the "four comparisons" refer to the comparison between the basic database (the data of the national procuratorial application system and the data of the petitioners in the online petition information system of the national procuratorial organs) and the information of four key groups such as poor households, minors, disabled people and other difficult groups with the original files in the screening database.
(1) Data sources
The first part is the basic data, which are: 1. The data of the national procuratorial application system, including criminal procuratorial, juvenile procuratorial, civil procuratorial and administrative procuratorial data; 2. The data of the petitioners in the online petition information system of the national procuratorial organs.
The second part is the screening data, which comes from the county big data bureau, respectively: 1. The original data of poor households with established cards, including urban low-income people, rural low-income people, extremely poor people, marginal poverty-prone households and low-income marginal family members; 2. Data of orphans, children in distress and children without actual support; 3. Data on persons with disabilities, including children with disabilities; 4. Data of other key difficult groups.
The above data are classified and 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 who support prosecution and execution supervision in civil procuratorial cases; The applicant for supervision of administrative judgment results and administrative non-litigation execution activities in administrative procuratorial cases; Petitioners involved in law and litigation, etc.
Screening data elements include: poverty-stricken households, orphans, children in distress, children who are actually left unattended, and the disabled.
(3) Rules for data judgment
Step 1: Set the comparison point. The information elements of victims, applicants, law-related complainants and four key groups in the basic data are set as two comparison points.
Step 2: Data comparison. The data of the two comparison points collide, and the screening platform automatically identifies the relevant case information, and forms a separate list of information overlapping points (that is, judicial assistance clues) to push.
(4) Data analysis and verification
Procurators make a comprehensive analysis of the case clues pushed by the system, check whether the victim or applicant meets the conditions of judicial assistance, and then quickly and accurately lock the rescue object and take the initiative to carry out rescue.
[Case-like assistance]
The judicial assistance clue screening application platform immediately reminds prosecutors to pay attention to the information of key people entering the procuratorial case-handling process, which improves the efficiency of clue discovery in judicial assistance cases. Since the modeling in October 2022, the Shanxian People’s Procuratorate has screened out 83 clues of judicial assistance cases through big data collision. Among them, there are 34 clues related to the original poverty-stricken households who set up a card. After investigation and verification, 28 eligible victims were given judicial assistance in time, and 5 clues are being verified. During the rescue process, the Shanxian People’s Procuratorate also worked closely with the county civil affairs and rural revitalization departments to help the rescued people with particularly difficult lives solve the problems of employment and subsistence allowances and regain their confidence in life. After investigation and verification, there were 43 clues about cases involving the disabled, and 40 parties met the requirements for judicial assistance. In view of the inconvenience of disabled people’s travel, the Shanxian People’s Procuratorate took the initiative to help prepare application materials, actively carried out judicial assistance, and cooperated with the County Disabled Persons’ Federation to solve the applicant’s practical difficulties to the maximum extent, and timely sent the warmth of the party and procuratorial warmth to the hearts of the people, especially the vulnerable groups and people in need.
Case 5
Weidu District People’s Procuratorate, Xuchang City, Henan Province
Constructing judicial assistance for infringement of personal rights
Big data model empowerment case rescue
[Keywords:]
Judicial assistance infringes on personal rights, civil assistance collects assistance clues, and multiple assistance helps comprehensive social management.
【 gist 】
When handling judicial assistance cases, procuratorial organs can conduct big data modeling for common and frequent types of cases, collect data, collide and compare data through cooperation with relevant units, and comprehensively screen rescue clues of such cases. While expanding the sources of criminal relief cases, civil relief cases can be carried out according to regulations, effectively solving the problems of single source of clues for relief cases and untimely relief work. Found clues to social assistance, should cooperate with relevant functional departments to carry out diversified assistance; If clues to legal supervision are found, they shall perform their duties in accordance with the law; If social governance problems are found, relevant functional departments should 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 court supervision. The victim Zhang died in a traffic accident in 2017, and the court ruled that the perpetrator compensated the victim’s close relatives for various losses of nearly 160,000 yuan, but it has not been implemented in place. The People’s Procuratorate of Weidu District explained the law to the petitioner according to law, and investigated and verified the petitioner’s family life. At the time of the accident, Zhang Xiaomou, the son of the victim Zhang, was studying at the university, and applied for a student loan of 18,780 yuan to pay the tuition fee. His wife Li suffered from breast cancer. Although the court ruled that a transportation company in Henan, which belongs to the truck involved, compensated Li and Zhang Xiaomou for various losses totaling 159,684.47 yuan, it has not been implemented in place, and their lives are more difficult. The People’s Procuratorate of Weidu District considered that Li and Zhang Xiaomou met the conditions of judicial assistance and decided to grant them 20,000 yuan in aid, and opened a "green channel" for the receipt of the aid to alleviate their "urgent needs". The People’s Procuratorate of Weidu District also contacted the local health and health commission, women’s federations, offices and other units to provide social assistance and assistance to Li and Zhang Xiaomou.
After the case was settled, the Weidu District People’s Procuratorate concluded that the case was not a case, and it was necessary to conduct a comprehensive investigation of cases in which the victim could not get civil compensation in time after being illegally infringed, resulting in difficulties in family life.
[data empowerment]
The People’s Procuratorate of Weidu District makes full use of the data of criminal and civil supervision and letters and visits of procuratorial organs, collides with the data of court execution and the data of special groups held by relevant administrative departments, and explores the construction of a big data intelligent platform for judicial assistance clues for victims of personal rights violations, and screens and digs rescue clues in a wider scope and at a deeper level.
Based on the procuratorial data, the platform aims at finding rescue clues within the scope of cases accepted by procuratorial organs, adheres to the principle of not arbitrarily expanding the rescue boundary and auxiliary assistance, covers diversified assistance, administrative illegal supervision and comprehensive social governance, and constructs the overall framework of "one library and three modules" according to the basic concepts of system modernization and governance capacity 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 data sharing mechanism. Relying on the data of the prosecution and the data of the administrative organs collected by the platform, the rescued cases were eliminated, and the characteristics of the victims were screened to obtain the clues of personal injury cases. The "three modules" include three application modules: key clue collection, diversified rescue and comprehensive social management. The collection of key clues refers to the collection of legal supervision clues and key groups, timely supervision of court enforcement and administrative organs’ failure to perform their duties, and setting keywords to extract key groups such as serious injuries, disabilities, minors and the elderly; Diversified assistance means that the identified key groups with medical care, education, support, employment, psychological counseling and other needs are promptly pushed to relevant functional departments to guide social assistance and help, and realize closed-loop management of assistance clues, collaborative governance and auxiliary decision-making; Comprehensive social management,It refers to the result analysis of judicial assistance clues retrieved from big data, extracting information such as personal infringement, and analyzing whether the administrative organ gives assistance to the victims at the first time, and whether the court exhausts property investigation measures and corresponding enforcement measures.
(1) Data sources
Collect data from the following ways: 1. Procuratorial business data, including criminal case data, civil supervision case data and judicial assistance case data, comes from the national procuratorial business application system; 2. The data of procuratorial letters and visits come from the national information system of procuratorial organs; 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. The data of relevant administrative departments come from Big Data Bureau, Civil Affairs Bureau, Education Bureau, Rural Revitalization Bureau, Women’s Federation, Disabled Persons’ Federation and other units.
(2) Data elements
Data elements of procuratorial business.
Data elements of procuratorial letters and visits.
Elements of court enforcement data.
Data elements of administrative organs.
(3) Rules for data analysis
Step 1: Get the basic data. The data of criminal case acceptance and civil supervision cases are collected from the national procuratorial application system, the data of judicial assistance cases are collected from the procuratorial petition information system, and the data of application for compulsory execution cases are collected from the court big data platform, and the data of low-income households, anti-poverty monitoring objects, disabled people, difficult women, orphans, children with spring buds and families who have lost their families are collected from relevant administrative departments to form a basic data pool.
Step 2: Data collision. First, extract the information of the applicant and the information of the petitioner in the civil supervision case, and collide with the information of the enforcement applicant in the court enforcement data respectively, and get the rescue clue that the victim can’t get compensation through litigation; The second is to extract the information of applicants and petitioners in civil supervision cases, and collide with the information of special groups held by relevant administrative departments respectively to get the rescue clues of the people involved in the case; Third, because the information of criminal victims can not be directly extracted from the application system of procuratorial business, the information of criminal suspects collides with the information of the executed person in the court execution data, so as to get the rescue clue that civil execution is not in place after the judgment of criminal incidental civil cases.
Step 3: Inverse data pairs. Remove the judicial assistance cases that have been accepted or handled by the procuratorial organs from the clues identified 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 dig deeper to screen out the victims’ disability and death, loss of working ability, urgent need for treatment and inability to bear the medical treatment expenses.
(4) Data screening and pushing
After the basic data is imported, the software can automatically run the data collision rules, and show the number and list of judicial assistance clues contained in criminal, civil and petition procuratorial data. The screened clues can be returned to the application system of procuratorial business and the information system of procuratorial letters and visits to consult the case files, and whether they meet the conditions of judicial assistance and multiple assistance can be determined through manual verification, and the elements of social governance can be extracted, and relevant units can be coordinated to perform their duties together, so as to expand the effectiveness of assistance and promote collaborative governance.
[Case-like assistance]
(1) Discovering clues of rescue cases in batches. Weidu District People’s Procuratorate collected criminal, civil, petition and execution data, collected special group data held by administrative organs, and obtained 189 initial clues through big data comparison and collision.
(2) Departments jointly carry out diversified assistance. Weidu District People’s Procuratorate established a psychological evaluation platform based on the "unexamined studio" to conduct psychological evaluation on all 189 special people screened out. 45 people with psychological trauma were treated with one-on-one treatment; For 3 people who meet the minimum requirements, push the information to the civil affairs department and assist them to apply for minimum living allowance; For four people who need to transfer to school, contact the education department to solve the enrollment problem; For 16 people with employment needs, contact the social department for free skills training and arrange to enter the caring enterprise for employment. Through multi-sectoral joint rescue, we will create a joint effort to expand the rescue effect and form a closed loop of work.
(3) Actively perform their duties and participate in social governance. In the process of using this model to screen rescue clues, the People’s Procuratorate of Weidu District also obtained 12 execution supervision clues, issued 6 procuratorial suggestions, and orally corrected violations for 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 in execution funds, realizing "I manage" by performing their duties and promoting "all management" according to law.