Original title: Follow the operational logic to deepen the development of digital procuratorates.
At present, digital procuratorial work has become an important innovation point in procuratorial supervision work, and it is an inevitable choice for the high-quality development of procuratorial supervision work. The author believes that the basic operation logic of digital procuratorial can be divided into several basic links: "big data collection and processing, model construction, function realization, and social governance". Big data collection and processing, that is, the collection and integration of data related to procuratorial work. On the one hand, the collection and integration of past case materials to form a "database" for legal supervision of procuratorial work; On the other hand, it breaks through the limitations of regional administrative divisions and administrative agency systems, and realizes cross-regional and cross-agency data integration. In the process of model construction, relying on the cooperation of procurators and technical personnel, the digitization of legal supervision is realized. Specifically, the procurators analyze, excavate and sort out the cases, strip the important elements and case-handling logic, and then process them into computer languages by technical personnel and build computer models through algorithms, transforming the traditional legal supervision case handling into a process of data input and output. In terms of functional implementation, legal supervision under digital procuratorial can mainly achieve two basic functions: one is the search for similar cases, that is, from the consideration of legal supervision on a case-by-case basis, to achieve a supervision model based on similar cases. The underlying algorithm of the legal supervision model is to classify and label the data, so the legal supervision in the digital procuratorate will build a retrieval mechanism with similar cases, and the prosecutor will recommend relevant cases and legal provisions by entering case clues. The search for similar cases helps to unify the standards for handling cases, and at the same time, it can also improve the work efficiency of procurators. The second is risk early warning, that is, timely detection of potential problems and rapid identification. Through the needs of legal supervision in different fields, establish a special supervision model and build a corresponding risk early warning mechanism, monitor and identify possible defects and risk points in case handling, and quickly make a plan to realize the full-cycle management of the case. As far as social governance is concerned, it should be recognized that the ultimate goal of legal supervision is to participate in social governance, find problems and provide solutions in a timely manner. Through the handling of specific cases, problems in judicial practice are solved, but more importantly, legal supervision should conduct more in-depth analysis and judgment, conduct analysis of the source of litigation, and find loopholes in social governance. With the help of digital procuratorate, technology can more intuitively and multi-dimensionally reflect the needs of the people, enhance the accuracy and scientificity of decision-making by procuratorial organs, and procuratorial work can not only effectively improve efficiency, but also ensure high-quality case handling quality and achieve high-quality and efficient case handling in the true sense.
In recent years, some achievements have been made in the informatization construction of the procuratorial system, and the launch of the procuratorial business application system has realized the "business dataization" within the procuratorial system. Taking Huzhou City, Zhejiang Province as an example, Huzhou has established 1 law enforcement and judicial cloud data center, 1 information sharing platform, 2 data collection warehouses (government affairs cloud and political and legal cloud resources) and N application scenarios, jointly forming an overall architecture of "1+1+2+N", laying the foundation for promoting the systematic reform of legal supervision and social governance models. Taking Xuzhou City, Jiangsu Province as an example, we have developed platforms such as Yunlong Micro Procuratorate, Jian Ai E Station, Case Space, Community Correction, Cloud Inspection Intelligent Chain, and Cloud Smart Listening, and built a "1+2+N" (i.e., "small program", "integration of scientific and technological innovation and procuratorial work", and "N businesses") work model to promote the high-quality development of procuratorial work.
It should be recognized that digital prosecution is not just a simple digitization of procuratorial operations. There is still a big gap between the current informatization and digital construction of procuratorial business and the data labeling, logic, algorithmization, and modeling. Digital prosecution is conducive to achieving high-quality and efficient legal supervision, but at a time when digital prosecution is still in the early stage of development, it needs to be strengthened in the following three aspects:
First, strengthen technology research and development. On the one hand, the current advanced algorithms are still focused on the application of the commercial field, and the algorithms suitable for government affairs and judicial work need to be developed and optimized. On the other hand, from the perspective of current judicial practice, the legal supervision empowered by big data has not yet formed a system, and it still stays at the level of personalized model customization based on the formation of some cases. It is difficult to achieve universality and universality for all legal supervision services. In this regard, we should first pay attention to it in policy and formulate a big data empowerment legal supervision plan. Digital inspection is a large-scale project that integrates software and hardware, and needs to be arranged and implemented in a planned and gradual manner, and plans should be formulated in a scientific, intelligent, integrated, and humane manner. Second, it is necessary to strengthen the supporting safeguards for the development of digital procuratorates, carry out special plans in terms of human, financial, and material resources, and strengthen the budget management of information construction funds in a targeted manner. To strengthen technology research and development, cooperation with scientific research institutions, technology companies, and other technical teams shall be carried out, continuously optimizing and iterating algorithms, conducting in-depth training and regular updates of legal supervision models, and at the same time providing daily technical support for digital procuratorates.
Second, we need to train professional personnel. As mentioned above, the construction of the legal supervision model requires the cooperation of prosecutors and technicians. Prosecutors need to understand the basic logic of the algorithm and extract relevant information from the case; Technical personnel need to understand the principles, procedures and purposes of legal supervision, and build a computer model suitable for legal supervision. Especially for procurators, in the model building stage, their ability to master and use computer technology is still limited, and they are even relatively unfamiliar with collecting and analyzing data. At the stage of searching for similar cases, they are not very familiar with the operation of the digital procuratorial system, and think that their "old method" is more convenient. In this regard, emphasis should be placed on cultivating procurators who are adapted to digital procuratorates, organizing technical training, helping procurators construct digital thinking, master skills such as data collection and analysis, and be proficient in the use of tools such as intelligent systems. In addition, it needs to be made clear that the core of digital prosecution is still "people", that is, prosecutors. Intelligent systems or models are only an aid to achieve high-quality and efficient case handling, and the logic of algorithms still has lag and rigidity, as well as problems such as "algorithm black box" and "algorithm discrimination". In the end, legal supervision needs to reflect the subjectivity of procuratorial personnel, and procuratorial personnel should make the final judgment in the work of legal supervision. Therefore, even if the technology becomes more advanced and the degree of intelligence becomes higher and higher in the future, procuratorial work needs to guard against the inertia that may be brought about by digitalization, and the basic concept of putting procurators at the center should still be implemented.
Third, we attach importance to the protection of personal data. It should be recognized that data is increasingly involved in all aspects of social life and is closely related to personal information. Therefore, while obtaining technical dividends, digital prosecutors must also pay attention to the protection of personal data security. Article 5 of the Personal Information Protection ** stipulates that the processing of personal information shall comply with the principles of legality, legitimacy and necessity. The principle of legality requires that the processing of personal data shall be carried out in strict accordance with the scope and procedures prescribed by law. The principle of adequacy requires that the measures taken to process personal data must be able to achieve the purpose of adequacy, and the applicable purpose, basis, and method can also be explained through the explanatory principle. The principle of necessity requires that when a public power has a variety of options to achieve its purpose, it should choose the one that has the least impact on the rights of the individual.
Liu Jue, Author's Affiliation: People's Procuratorate of Huzhou City, Zhejiang Province).
*:Procuratorial**.