Times Report (Cui Hongtao, correspondent Wang Rui, Wei Huifang)
Narrator of this issue
Yue Dandan, assistant to the fifth-level prosecutor of the First Procuratorate Department of the Xinmi Municipal People's Procuratorate
Share the story "Taking the initiative is good and fake"
Introduction: The traditional sources of clues for case filing supervision are mainly found in the process of handling criminal cases or obtained through mass petition reports, with narrow and small sources, fragmented content, strong concealment, and inability to integrate and analyze, resulting in problems such as lag and passivity in the supervision of procuratorial organs over the crime of picking quarrels and provoking troubles in the early gangs of underworld organizations.
Story content
["Failure to file a case" breeds a hotbed of crime]
When the Xinmi Municipal People's Procuratorate conducted a "retrospective" review of the 26 cases involving underworld and vice that it had handled since 2018, it found that 23 cases involved the crime of picking quarrels and provoking troubles in the early stage of the organization, accounting for 88%, and most of these cases were only punished by the public security organs for public security. For example, in the case of Wang XX and others, the underworld criminal organization headed by Wang XX carried out 35 criminal facts, of which 20 were crimes of picking quarrels and provoking troubles, and the proportion of cases of picking quarrels and provoking troubles that were not handled in a timely manner was as high as 50%, and the earliest can be traced back to 10 years ago when the organization was not yet formed.
In practice, such cases often have a common character: they repeatedly commit violence, threats, harassment, and other illegal and criminal acts represented by the crime of picking quarrels and provoking troubles, and then use the deterrent power of the organization to use mediation, civil compensation, and other means to artificially reduce the cases of picking quarrels and provoking troubles that should have been criminally filed into public security punishments. In the long run, this has not only fueled the arrogance of the members of the organization, but also accelerated the growth of underworld and evil organizations, and has made the victims and the masses helpless against the evil acts of these underworld forces, seriously affecting the credibility of the judicial organs.
Promptly filing and handling cases of crimes of picking quarrels and provoking troubles is conducive to cracking down on criminal forces at an early stage. However, this kind of practice of "not filing a case" and allowing major matters to be reduced to small and trivial matters to be dealt with in a downgraded manner, and the practice of "buying punishment with money" and "substituting punishment with fine" will only give a "stimulant" and "booster shot" to criminal acts, and will do all kinds of harm but no benefit.
[If you want to do a good job, you must first sharpen your tools]
Although the types of behaviors involved in the crime of picking quarrels and provoking troubles are redundant, the characteristics of the legal interests infringed are obvious, and the criminal acts are highly similar.
After realizing that there was a loophole in the filing of the crime of picking quarrels and provoking troubles, our First Procuratorate Department decided to take the initiative to close this gap. The crime of picking quarrels and provoking troubles has problems such as difficulty in discovery, collusion, identification, and supervision, and it is time-consuming and laborious to supervise through human resources, and it is also prone to errors and omissions. At this time, we thought of using digital thinking and digital methods to build a big data legal supervision model.
We reported this idea to the leaders of the hospital as soon as possible, and after the leaders of the hospital gave us a positive answer, they arranged for the technical department of the hospital to cooperate with us to complete the establishment of the model. At this point, our digital modeling group was formed.
There are two big problems before us that need to be solved first. First, what data do you need? How do you get the data? Second, how do you filter and compare the data?
The data of criminal cases accepted by the procuratorate can be captured from the business system of our court. However, since the crime of picking quarrels and provoking troubles is mostly sloppily concluded with public security punishments, it is necessary to have data on administrative cases of public security organs.
Taking advantage of the opportunity of the higher court to actively promote the investigation supervision and coordination mechanism, our court has consulted with the public security organs for many times, relying on the investigation cooperation office, giving full play to the mechanism advantages of the "Xinmi Municipal People's Procuratorate and Xinmi Municipal Public Security Bureau's Provisions on Investigation Supervision and Coordination and Cooperation", and determining the scope and path of procuratorial and police data and information sharing.
In terms of data screening and comparison, the constitutive elements of the crime of picking quarrels and provoking troubles are categorized and dismantled, and four types of supervision rules are constructed, such as "three times in two years", "personal injury", "embezzlement", and "disturbance", by setting keywords such as "picking quarrels and provoking troubles", "holding weapons", "demanding", and "disturbing order".
As a result, the data on administrative punishments for picking quarrels and provoking troubles by public security organs can be compared with the data on criminal cases accepted by procuratorial organs, and clues on the failure to file cases for picking quarrels and provoking troubles can be found in batches, as well as clues on related crimes abusing public office. The model has the characteristics of stable data sources, convenient operation, low operating costs, and easy promotion, and has good judicial practice effects for expanding the source of supervision of cases, improving the efficiency of supervision of crimes of picking quarrels and provoking troubles, especially in realizing the early and small crackdown on crimes related to underworld and vice, supervising the comprehensive investigation of public security organs, digging deep into crimes, and improving the quality and efficiency of case handling.
Since March 2023, the Xinmi Municipal People's Procuratorate has applied this model to preliminarily discover 20 clues related to the filing and supervision of cases involving picking quarrels and provoking troubles, 2 cases of supervision and filing, and 9 clues of transferring umbrellas; in April 2023, it has been promoted and applied to the whole city of Zhengzhou, and 101 suspected clues have been found and 6 cases have been supervised and filed; since May 2023, 331 clues have been found in batches and 27 cases have been filed by the public security organs. As of November 6, 2023, the model developed by our institute has been promoted to Zhejiang, Hunan, Liaoning and other provinces, and the effect is remarkable.
[Active performance of duties, transformation from crime punishment to governance]
The application of big data models can enable case-handling personnel to jump out of the inherent thinking of handling cases, consciously integrate the efficiency of big data and the rule of law, discover the difficulties and blockages of social governance hidden behind the cases through data analysis, and work together to solve the deep-seated problems of social governance.
Taking the case of picking quarrels and provoking troubles as an example, the data analysis shows that the acts of picking quarrels and provoking troubles mostly occur in summer and are mainly concentrated in night markets, bars and other places. Protect the private economy" special action to protect the legitimate rights and interests of enterprises and optimize the business environment.
The experience of this modeling has made me more aware that the development of procuratorial work in the new era must not stop at the old methods and routines, and must give full play to the advantages of digital empowerment and intelligent prosecution in case handling. In the next step, the Xinmi Municipal People's Procuratorate will consciously and actively benchmark the deployment requirements of the Supreme People's Procuratorate on driving the high-quality development of procuratorial work in the new era with the "digital revolution", seize the opportunity of digital reform, continue to perform its duties, focus on the theme of social governance modernization, use big data thinking, empower supervision with digital procuratorate, and improve the quality and efficiency of procuratorial supervision with the scientific and accurate use of big data, and break out a "case handling-similar case supervision-system governance" that demonstrates the wisdom of Xinmi Procuratorate The road of digital procuratorial opens up the "first kilometer" of Xinmi digital procuratorate, and uses digital procuratorate to help modernize governance.