[Report on the same topic] Wenzhou, Zhejiang： Digital empowerment supervision promotes social ＂intellectual governance＂

Chai Zhengtao, Party Secretary and Procurator-General of Wenzhou Procuratorate, made a speech at the Digital Prosecution Competition of the city’s procuratorial organs.

Cangnan County Procuratorate launched a digital procuratorial salon activity with the theme of "Digital Empowerment —— Mining from Case to Case".

Big data is the "technology wing" to improve the legal supervision ability. In 2022, the Supreme People’s Procuratorate made a top-level deployment of the "Procuratorial Big Data Strategy". This year is also the year when the Zhejiang Provincial Party Committee promoted the comprehensive integration, breakthrough in integration and centralized display of digital reform.

"Wenzhou procuratorial work should deepen the strategy of" procuratorial big data ",target the goal of" digital empowerment legal supervision takes the lead ",grasp the implementation, vigorously promote it, and achieve greater results with" digital empowerment supervision and supervision to promote governance "to realize the reshaping reform of Wenzhou procuratorial work." At the conference on procuratorial work in Wenzhou, Zhejiang Province in early 2022, Chai Zhengtao, Party Secretary and Procurator-General of Wenzhou Procuratorate, put forward a clear goal to the city’s prosecutors.

Over the past year, Wenzhou City Procuratorate has paid close attention to implementation, increased its efforts in the actual combat effectiveness of digital prosecution, fully exerted its leading, inciting and reshaping role, strengthened its actual combat orientation, filled in shortcomings and weaknesses, took the initiative and kept innovating, and made every effort to promote the reshaping reform of the legal supervision mode of "digital empowerment supervision and supervision promoting governance". The great kinetic energy of digital prosecution is being transformed into a powerful potential energy to promote the modernization of social governance in Wenzhou.

Strengthen overall planning  Stimulate vitality in all-round integration

"In response to the’ porcelain-touching’ auto insurance fraud, our hospital dug deep into case clues, found difficulties in industry supervision, accurately screened data, and locked in supervision targets." "Our hospital focuses on the supervision of illegal trading of precursor chemicals and dangerous chemicals, and weaves the source prevention network, process supervision network and risk prevention and control network." "Based on the clues found by using the legal supervision model, our hospital successfully handled two false arbitration cases."……

Back to the beginning of September, 2022, following the "Golden Idea" exchange exhibition of digital prosecution and the report exchange meeting of digital case handling, Wenzhou procuratorate held a digital prosecution competition, and the main leaders of grass-roots procuratorates took the stage to show the actual results of digital prosecution "hard core". This is a microcosm of the digital procuratorial work personally grasped by the chief procurators of Wenzhou city and county procuratorates.

"The digital reform of procuratorial organs mainly focuses on finding common problems and common loopholes in social governance, promoting the’ one thing’ multi-scene reform, helping to solve various social governance problems and preventing and resolving various potential risks." In the digital prosecution competition, Chai Zhengtao made an in-depth interpretation of the characteristics of digital prosecution, so that all police officers could have a deeper understanding of the big data legal supervision path of "case handling-case supervision-system governance".

On this basis, Wenzhou’s digital procuratorial work has strengthened overall planning, made great efforts to deepen the breakthrough in one domain and the breakthrough mechanism shared by the whole province, and stimulated everyone’s endogenous motivation to participate in digital procuratorial work through measures such as selection, award and pioneering certification by digital procuratorial demonstration institutes, creating a batch of "landmark achievements" in digital case handling.

According to reports, since 2022, Wenzhou procuratorial organs have maintained the popularity of digital procuratorial work and promoted "one piece" with "one point". A total of 8 cases have been selected into the guidelines for digital supervision and handling of cases by procuratorial organs in Zhejiang Province.

Integration breakthrough  Fight the "tough battle" of data sharing

Digital reform is not only a "blue ocean" with broad prospects, but also a "no man’s land" to overcome difficulties. Therefore, to deepen digital prosecution, we must adhere to targeted focus, precise efforts, focus on key tasks and promote integration breakthroughs.

"At present, the biggest problem that hinders the promotion of digital procuratorial work is the sharing of law enforcement judicial information. Deepening the sharing of law enforcement judicial information is a key link to break through the data barrier of law enforcement judicial information. " Chai Taotao said.

"Information sharing is the basis for realizing the supervision from case handling to case-like. However, at present, it is difficult to obtain full data, and it does not meet the requirements of actual combat. Therefore, we should strengthen the demand orientation of legal supervision, make full use of superior policy documents, take the initiative to connect with relevant data sources, and obtain judicial data information of law enforcement in the jurisdiction through multiple channels. In 2022, the total amount of data collected and shared by our hospital increased by dozens of times compared with 2021. " Li Jun, director of the case management office of Wenzhou Procuratorate, introduced.

It is understood that since 2022, Wenzhou procuratorial organs have collected more than 50 million pieces of law enforcement judicial data at the city level alone, of which more than 30 million pieces have been stored on the ground, more than 20 million pieces have been called in the form of interfaces, and more than 40 inquiry interfaces have been opened. The total amount of data collection ranks in the forefront of procuratorial organs in Zhejiang Province.

The promotion of law enforcement judicial data sharing has effectively met the demand of collision and comparison between procuratorial data and law enforcement judicial information data in the process of digital supervision, and solved the data bottleneck problem to some extent. "In the case of dealing with Zhang and others buying and selling certificates of state organs, we found that illegal buying and selling had a high incidence of criminal activities on public accounts. By collecting basic data from the district big data management bureau, market supervision bureau, public security bureau and other units, and then through data modeling and data collision, we successfully compared 278 suspects. At the same time, we issued procuratorial suggestions to the administrative departments, urging them to cancel or cancel 44 companies that violated the law and 374 companies that were abnormally registered, and achieved the supervisory effect of inciting’ big governance’ with’ small cases’. " The procurator of the Longwan District Procuratorate in Wenzhou said.

There are tens of millions of data, and safety compliance is the first. While actively obtaining data, Wenzhou procuratorial organs pay attention to data security management, improve the data use approval process and data security management responsibility, establish a trinity data security management mechanism of authorization, authentication and audit, and at the same time promote the construction of data center, realize the low-code operation of prosecutors using data interface to query, and ensure the safety of data use.

Remodeling mode  Achieve a significant leap in the quality and effectiveness of legal supervision.

"The ultimate goal of digital prosecution is to improve the quality and effectiveness of legal supervision, and the direct result is to run more legal supervision cases with good quality and effectiveness." Chai Taotao said.

It is understood that since 2022, Wenzhou digital case supervision innovation case model has exploded, and the basic scale has been relatively large. However, how to strengthen the centralized management and key promotion of a large number of innovative case models of digital case supervision, and do a good job in the progress planning of digital supervision projects in Zhejiang Province and Wenzhou City has become an urgent problem to be solved.

"In this regard, we took the lead in developing the application of special supervision management command scene in the procuratorial organs of Zhejiang Province, thus realizing the visualization of digital procuratorial effectiveness display and overall management’ a game of chess’ in the city and county procuratorates, and at the same time connecting with the data application platform of Zhejiang Procuratorate, realizing the interconnection of supervision models, strengthening the whole process management of digital case-handling projects from’ project initiation’ to’ project closure’, and avoiding the waste of clues and the’ unfinished supervision’." Jin Zhiguo, the developer of this application and deputy director of the case management office of Wenzhou Procuratorate, said that the hospital has been identified as the only scene construction task undertaking hospital of digital procuratorial command center in Zhejiang Province.

Under the guidance of Wenzhou City Procuratorate, the digital procuratorial work of grass-roots procuratorates in this city is blooming and fruitful. The ouhai district Procuratorate created its own digital supervision model, and intelligently obtained 15 cases with 17 people who were not standardized in legal aid, so as to realize the accurate supervision of legal aid work in the whole process of criminal proceedings; Yueqing City Procuratorate carried out case supervision on the protection of green tax-related state-owned property, issued procuratorial suggestions to the tax authorities, urged them to recover taxes and late fees of 13.58 million yuan, and promoted Wenzhou City Procuratorate to formulate guidelines for digital supervision and handling cases in related fields; Rui’ an City Procuratorate has set up an intelligent auxiliary system for intellectual property case supervision, accurately screening clues that violate the prohibition of employment, promoting information sharing between market supervision and management departments and courts, and allowing market supervision and management departments to obtain criminal judgments and judgment execution data at the first time.……

"The hospitals have formed a trend of chasing after each other in handling digital cases, and the endogenous motivation of’ everyone is a digital case handler’ has been constantly stimulated." Chai Taotao introduced that by the end of December 2022, 17 digital supervision projects deployed by Zhejiang Provincial Procuratorate had all been completed in Wenzhou, and nearly 800 cases had been supervised.

"Wenzhou Procuratorate is doing its best to do the second half of the article" Supervision for Governance ",based on the special action of digital supervision, in accordance with the path of big data legal supervision of" case handling-case supervision-system governance ",aiming at the difficult point of social governance, strengthening communication and cooperation with relevant departments, promoting industry governance, mechanism construction and normalization special rectification, giving full play to the integrated effect of" one drop at a time and full revitalization ",and further realizing the quality and effectiveness of legal supervision of procuratorial organs. Chai Taotao said.

(Reporter Fan Yuehong   Correspondent Wang Lun   Dai Yichen)

Wencheng: digital delivery eliminates the pain of the parties.

The application of digital delivery has been piloted in many procuratorates in Zhejiang.

"Now legal documents can be delivered online, saving a lot of trouble! It takes less than a minute to sign the document! " Recently, Zhou, a criminal suspect in Jiangxi, signed the letter of attorney, confession and leniency system and other documents sent by wencheng county Procuratorate with one click. At this time, he is working in a local restaurant, ready to save money to pay the victim Huang.

From the original 1-3 days to the shortest 46 seconds now, documents reach the parties faster. Behind this change is the digital delivery application jointly developed by several procuratorates in Wenzhou. It is understood that there are hundreds of types of procuratorial documents and delivery targets, and the traditional delivery methods have problems such as long time, no trace, and the parties need to run many times. After the digital delivery application is launched, the addressee can "sign for" legal documents with one click through SMS, "Zhejiang Procuratorate" App, WeChat applet and "Zhejiang Office" App.

Chen Feng, Party Secretary and Procurator-General of wencheng county Procuratorate, said that the identity information used in the application of digital delivery comes from public security household registration information, integration of politics and law and other platforms, and real-name authentication is carried out by using technologies such as face recognition to ensure the security of delivery. In addition, opening up the "Zhejiang Procuratorate" App and the "Zhejiang Office" government platform will make the operation more convenient and time-saving. At the same time, the digital delivery application is embedded in the procuratorial business application system, which realizes the data interaction between the internal and external networks and ensures the accuracy of document data.

Since the digital delivery application was launched at the end of September, 2021, more than 27,000 documents have been delivered, and the average delivery time has been reduced by more than 50% compared with the traditional delivery method. Most of the recipients have completed the document signing within half an hour.

(Xia Lingxi)

Yueqing: The problem that the seized vehicles are difficult to track and detain has been solved.

"I will cooperate and drive the other two cars to the court this afternoon." A few days ago, in the underground garage, the executor Lu handed over the key of the seized car while promising to the prosecutor of Yueqing City Procuratorate and the executive judge of the city court who came to detain the vehicle. Since April, 2022, Yueqing City Procuratorate has carried out special supervision activities of digital prosecution for civil enforcement of vehicle seizure with digital empowerment, and supervised the successful implementation of 27 cases of vehicle seizure.

Lu and her husband Zhao are defendants in a private lending dispute. At the beginning of 2021, Lu and his wife were sentenced by the court to return more than 6 million yuan in arrears. Because they have not been fulfilled, they were enforced by the court in September of the same year. During the execution, the court seized three cars under their names, but the seizure was not actually completed because no vehicles were found. At the same time, because there is no other property available for execution, the court took measures such as restricting high consumption for Lu and his wife, and included them in the list of untrustworthy executors.

After a long time, Lu and his wife relaxed their vigilance, drove on the road again, and parked their cars in the garage of a nearby community in order to avoid investigation. However, their illegal behavior was exposed.

In February 2022, when examining the implementation of a private lending dispute case, Yueqing City Procuratorate found that although the vehicles under the name of Lu and his wife were seized by the court, they were still in normal use.

"There are very few people who have been executed to take the initiative to deliver the seized vehicles. In addition, there are many people who have executed the judges. How to find the seized vehicles and how to actually seize them are all practical problems." After understanding the relevant situation, the hospital found that this kind of situation has certain universality and modular characteristics of case-like supervision, so it launched a special supervision activity of digital prosecution for civil enforcement of vehicle seizure.

Yueqing City Procuratorate established a database on the basis of collecting the list of enforcement cases, the data of seized vehicles and the data of vehicle and vessel tax payment. By querying the vehicle and vessel tax payment records, annual review and vehicle activity tracks, it determined the usage and general activity scope of vehicles, and found a number of vehicles that were seized but still driving normally. In response to the verified vehicle clues involved, the court issued procuratorial suggestions to the court according to law, suggesting that it resume execution of this execution case with property available for execution.

At the same time, after in-depth analysis, the prosecutor found that some vehicles of the executed persons were difficult to be seized because the enforcement judge could not know the specific location of the relevant vehicles. In this regard, Yueqing City Procuratorate, together with the municipal court, the Public Security Bureau and the traffic management department, jointly issued the "Implementation Opinions on Establishing a Cooperation Mechanism for Seizure of Motor Vehicles (Trial)", clarifying that the seizure information of civil enforcement vehicles should be shared and shared, and a joint working mechanism should be established to jointly promote the handling of civil enforcement cases involving vehicle seizure and seizure.

(Zheng Peina)

Ryan: screening clues about the eligibility of litigants in massive data

Prosecutors of Ruian City Procuratorate use the information database of parties in civil litigation cases to screen clues for handling cases.

Recently, the Wenzhou Procuratorate promoted the experience of special procuratorial supervision of litigation subjects in Ruian Procuratorate relying on big data in the whole city, unified and compared the data of relevant cases in Wenzhou, transferred nearly 2,000 clues, issued 38 effective referee supervision and procuratorial proposals, and issued 16 civil execution supervision and procuratorial proposals, which achieved good results.

In June 2021, the civil prosecution department of Ruian City Procuratorate received a complaint. The complainant, Ms. Zhuang, claimed that the court enforced her husband’s estate and the joint property of husband and wife, and rejected some of her claims for inheritance disputes.

After investigation, the prosecutor learned that Ms. Zhuang’s husband, Chen Mou, was the executor of another financial lending dispute and died of illness on November 7, 2018. On January 18, 2019, the Ruian City Court filed a case to accept Ms. Zhuang’s inheritance dispute. However, during the trial of the case, some of the litigation objects, which are the common property of husband and wife, were enforced by the court in the financial lending execution case, and Chen Mou was also included in the list of people who were executed for breach of trust.

In view of the mistakes of the subject in the execution of the case and the problem of executing property beyond the scope of the estate, the Ruian Procuratorate actively communicated with the court. In April, 2022, the Ruian City Court replied that it had returned the wrongly executed case money to Ms. Zhuang, an outsider, by starting the execution revolving procedure, cancelled the wrong measures of identifying dishonesty and restricting high consumption, and corrected the wrong judgment documents.

Taking this case as an opportunity, Rui ‘an City Procuratorate established the information database of parties in civil litigation cases, screened the data of more than 200,000 parties in court trials and enforcement cases over the years, and screened out a series of case clues about the eligibility of parties in civil trials and enforcement cases. By the end of November, 2022, Rui ‘an City Procuratorate had issued 4 proposals for civil execution supervision and procuratorial work, 11 proposals for retrial procuratorial work, transferred 1 case clue to the administrative procuratorial department and 1 case clue to the duty crime investigation department, and all relevant procuratorial suggestions were adopted.

(Lin Feifan)

Lucheng: Building a Digital Supervision Model of "Margin to Fine"

Recently, the Procuratorate of Lucheng District of Wenzhou City has built a digital supervision model to supervise the cases where the bail pending trial is linked with the execution of property penalty, helping the court to execute the deposit for 121 people, involving an execution amount of more than 1.04 million yuan.

In March 2022, the prosecutor of Lucheng District Procuratorate found that some cases were terminated by the court because the executed person had no property available for execution, but there were still relevant personnel’s bail pending trial in the security deposit account of the public security organ.

In this regard, prosecutors take the "deposit-to-fine" as the breakthrough point of supervision, build a case-like supervision model, actively coordinate the public security organs and the courts, collect the data of deposit payment and court fine payment of public security organs since 2019, promote the implementation of the deposit paid by criminals sentenced to property crimes in the investigation stage of public security organs, and effectively safeguard judicial authority.

At the same time, the Lucheng District Procuratorate further extended its supervision tentacles, closely followed the whole process of the deposit transfer of the people involved, cooperated with the public security organs to carry out the deposit clearance, and returned the deposit of 2.54 million yuan to 584 people who met the refund conditions, fully protecting the property rights and interests of the people involved.

In addition, the Lucheng District Procuratorate has strengthened communication and cooperation with the courts, public security, judicial administration and other departments, and jointly issued the Implementation Measures on Establishing the Linkage Mechanism between Bail Pending Trial and Property Penalty Execution (Trial), which takes fine penalty as the entry point of property judgment, brings the deposit into the scope of court execution as criminal property, promotes the normalization and institutionalization of the linkage between Bail Pending Trial and property penalty execution, and effectively plugs the loopholes in the management of deposit circulation.

(Wang Fenghong)

Yongjia: Tapping the Potential of Data and Accurately Locking the Supervision Clues of Non-litigation Execution

"Nowadays, court enforcement activities are becoming more and more standardized, which is inseparable from the digital supervision work carried out by procuratorial organs." Recently, a representative of Zhejiang Provincial People’s Congress said when evaluating the effectiveness of administrative non-litigation case execution activities carried out by the court system.

At the beginning of 2022, when Yongjia County Procuratorate handled an execution supervision case, it found that there was still a large amount of water in the bank account of the executed company, and in the case of normal tax payment and operation of the company, the court ruled to terminate the execution procedure on the grounds that the executed company did not find any property actually available for execution. Later, when the executed company was well funded, the court did not resume execution in time, which caused the administrative fine to be delayed.

In this regard, Yongjia County Procuratorate fully tapped the potential of big data, especially in view of the actual property status and administrative law enforcement procedures of the executed person, opened up data acquisition channels, built a legal supervision model, and obtained effective supervision clues through massive data collision. In addition, the hospital also collected information from provincial and municipal data platforms, collided with the data of court enforcement cases, accurately excavated a number of supervision clues, and promoted the resumption of administrative fines of more than 1.36 million yuan.

According to reports, Yongjia County Procuratorate’s practice of digitally supervising the termination of this execution procedure has been affirmed by Zhejiang Provincial Procuratorate, promoted in the procuratorial organs of this province, and promoted the court system of Zhejiang Province to carry out governance on related execution issues. By the end of December, 2022, the procuratorial organs of Zhejiang Province issued procuratorial suggestions on cases that were not resumed in time after the execution of administrative non-litigation execution ended, and urged the court to add more than 200 people to be executed, and urged the execution to reach the designated position of more than 15 million yuan.

(Hu Jing)