China News Service, February 2. According to the WeChat official account of the Supreme People's Procuratorate, the Supreme People's Procuratorate recently released five typical cases of big data empowering the procuratorial supervision of minors.
This batch of cases focuses on the blocking and difficult problems existing in the protection of minors. Through precise research and judgment and overall governance, the transformation from individual case handling to similar case supervision is realized, and the quality and efficiency of uninspected work are driven by big data empowerment.
There are a total of 5 typical cases in this batch, namely: Cang County Procuratorate of Hebei Province urging the implementation of school bus safety supervision duties big data supervision case, Huzhou City Procuratorate of Zhejiang Province urging the mandatory reporting system to implement big data supervision case, Jinhua City Wucheng District Procuratorate supervision case of Zhejiang Province The big data supervision case of the guardianship of unattended children, the big data supervision case of the Beijing Municipal Procuratorate urging the rectification of illegal facilities around the campus that are not suitable for minors, and the big data supervision case of the Nanming District Procuratorate of Guiyang City, Guizhou Province urging the rectification of noise pollution around the campus.
The key points of the data analysis of the above typical cases are to find out the "differences" between the school bus data held by different departments, identify the blind spots in supervision, and urge administrative agencies to strengthen school bus safety management through administrative public interest litigation; It is required to find cases that require mandatory reporting in the diagnosis and treatment system, further optimize the implementation path of the mandatory reporting system, and promote comprehensive social governance; through data analysis, find out the facts that meet the conditions for guarantee and assistance. rights and interests; by comparing the location information, carry out full coverage and dynamic supervision on whether there are unsuitable minor activity venues set up in violation of regulations around the campus; timely determine whether the sound exceeds the standard and whether the noise pollution behavior has been effectively controlled by the administrative agency and effectively protected The normal teaching order on campus and the healthy growth of students.
The person in charge of the Ninth Procuratorate of the Supreme People's Procuratorate said that in 2023, the procuratorial organs will continue to implement the spirit of the important instructions of the Party Central Committee on the construction of digital China, strengthen the strategic thinking of big data, and use the power of big data to promote the integrated performance and integrated performance of non-inspection. More active integration into other "five major protections", strengthening the governance of sources of litigation, and realizing the high-quality development of juvenile procuratorial work in the new era.
Typical Cases of Big Data Empowering the Procuratorial Supervision of Minors
Case 1: A case of big data supervision by the People's Procuratorate of Cang County, Hebei Province, urging the performance of school bus safety supervision duties
【Key words】
Minors procuratorial big data supervision school bus safety administrative public interest litigation
【gist】
In response to the school bus safety management problems exposed by school bus accidents, the procuratorial organs strengthened the governance of the source of litigation, comprehensively sorted out the hidden dangers of school bus safety management in the county through big data retrieval and digital modeling comparisons, identified blind spots in supervision, and supervised the public interest litigation through administrative public interest litigation. Administrative agencies strengthen school bus safety management, regulate school bus operations, and ensure the safety of minors traveling.
【Clue Discovery】
In November 2021, a kindergarten school bus driver drove the school bus without a license, and was seriously overloaded, causing the vehicle to roll over, causing serious consequences for the injury of 20 children and 1 teacher. The driver involved was investigated for dangerous driving.
The school bus safety problems exposed by the accident attracted the attention of the People's Procuratorate of Cangzhou City, Hebei Province, and deployed a special school bus safety supervision operation in the city to effectively ensure the safety of students traveling.
The Cang County People's Procuratorate implemented a special action deployment and launched an investigation into the safe operation of local school buses.
After a preliminary investigation, the procuratorate found that the administrative examination and approval department, the education administration department, and the public security traffic police department had corresponding responsibilities in the approval, licensing, and supervision and management of school bus operations, and each had a large amount of relevant data and information on school bus operations. The information is not synchronized, which is likely to cause blind spots in supervision.
Since there are more than 140 school buses in use in schools registered by the local education administrative department, it is time-consuming and labor-intensive to visit and investigate one by one, and it is difficult to guarantee the results of the investigation. It is necessary to carry out big data analysis of relevant school bus information of various departments to better clarify the problem of school bus safety. , promote regulatory governance.
【Data Empowerment】
The procuratorate obtains data on school buses, drivers, students commuting to and from school, and operating permits through education administration, public security traffic police, and administrative examination and approval departments. School buses that have not been inspected on schedule, school bus drivers who have no school bus driving qualifications, do not match the registration and filing information, have not been inspected on schedule, have illegal and criminal records, and are over 60 years old.
The "Regulations on School Bus Safety Management" of the State Council and the "Implementation Measures of Hebei Province "Regulations on School Bus Safety Management" have clear regulations on school bus license use, school bus driver conditions and school bus safety management. Due to the failure to implement the relevant regulations, education administration There are discrepancies between the actual use of school buses registered by the department and the compliant school bus information held by the administrative approval and traffic police departments. The key point of data analysis is to find out the "difference items" between the school bus data held by different departments. These "difference items" It is the hidden danger of school bus safety, and it is also a concentrated expression of the blind spot of supervision.
【Case Handling】
After big data comparison and screening, the procuratorate has screened out a total of 37 school buses in use but without identification plates. Among these school buses without identification plates, 25 drivers are not qualified to drive school buses; among the school buses with identification plates, 5 The actual driver of the school bus does not match the registration, and the drivers of 5 school buses will be 60 years old and need to be replaced in time; 28 buses and vans that are privately operating school bus business were screened out.
In order to ensure the accuracy of data comparison, the procuratorate randomly conducted field investigations on the operation of 4 school buses in two kindergartens, and the investigation results were consistent with the problems found in the big data comparison screening.
In April 2022, the Cang County People's Procuratorate filed a case as an administrative public interest litigation, and put forward a pre-litigation procuratorial suggestion to the education administrative department, requiring traffic jams to be combined with school bus regulation, strengthening daily supervision, and ensuring school bus operation safety.
The education administrative department and the public security department carried out a joint special treatment based on the content of the procuratorial suggestion. All drivers without school bus driving qualifications were replaced, and those who changed drivers were required to change their license registration according to law. 4 unqualified school buses were suspended, and more than 20 privately operated school buses Business non-standard vehicles were seized, and two seriously overloaded drivers who took students to and from school were investigated for the crime of dangerous driving.
At the same time, the procuratorial organ coordinated with all parties to open a green channel for school bus approval and licensing, and went through legal procedures for more than 30 unlicensed school buses that meet the standards to ensure the needs of students for vehicles.
Case 2 The People's Procuratorate of Huzhou City, Zhejiang Province Supervises and Urges the Mandatory Reporting System to Implement Big Data Supervision Case
【Key words】
Juvenile procuratorial big data supervision mandatory reporting of abnormal medical records
【gist】
The procuratorate focuses on the implementation of the mandatory reporting system, systematically summarizes the abnormal diagnosis and treatment records involving minors, the reporting and filing records of sexual assault involving minors, and finds clues to supervise the filing and supervision of sexual assault involving minors. Through criminal case supervision and civil guardianship intervention, Increase efforts to crack down on crimes against minors.
At the same time, in response to prominent common problems, start the construction of digital scene applications, optimize the mandatory reporting path, and promote comprehensive social governance.
【Clue Discovery】
While bathing his daughter Dong Moumou (9 years old), Wang found that her lower body was red and swollen, so she took her to a hospital in Huzhou City, Zhejiang Province for treatment. During this period, Dong Moumou claimed to be bullied.
The doctor at the hospital asked if he had called the police, and Wang said he would call the police himself.
Later, Wang's husband, Dong, considered that he was related to the perpetrator, so he failed to call the police in time, which led to a delay in the case and loss of some evidence.
Prosecutors found that this problem is not an isolated case in the process of handling cases. Since the implementation of the compulsory reporting system, cases of missing good opportunities to solve cases have occurred from time to time due to the failure of reporting subjects to fulfill mandatory reporting obligations. The reporting and discovery rates of sexual assault of minors are low. And other prominent problems exist objectively.
In December 2021, through big data analysis, it was discovered that there had been a large number of abnormal diagnosis and treatment records involving minors in the region in the past two years.
【Data Empowerment】
The procuratorate obtained data and information such as abnormal diagnosis and treatment of minors, accommodation of minors in hotels, and punishment for violating public security of minors through health departments, public security organs, and medical institutions. The reporting obligation has led to clues to cases of infringement of minors that the judiciary has not grasped, guardians who did not report to the police in time, and victims who were allowed to stay outside for a long time and other clues to guardianship intervention cases.
The key point of data analysis is the cases that should be mandatory reported in the diagnosis and treatment system according to the requirements of the mandatory reporting system.
By extracting the information labels of high-probability cases in the abnormal diagnosis and treatment data of minors, the key points of procuratorial supervision are clarified, and the loopholes in the system implementation are systematically discovered, so as to provide data support for promoting integrated supervision according to law and exploring the construction of an automatic early warning system for mandatory reporting.
【Case Handling】
The procuratorial organ, through big data aggregation and comparison, found abnormal medical records involving minors that the judiciary had not yet grasped, and handed over the clues of suspected sexual assault crimes to the public security organ.
In response to guardianship misconduct such as failing to call the police in a timely manner and allowing the victim to stay outside for a long time, a supervision and guardianship order was issued to supervise the implementation of guardianship duties.
Through data analysis, cooperate with the Municipal Health and Health Commission to supervise and rectify units with outstanding problems in the implementation of compulsory reporting, improve the normalized reporting mechanism for mandatory reporting information in the medical field of cases of infringement of minors; start the construction of mandatory reporting "one-click wisdom" application scenarios Jointly with the municipal public security, municipal health and health commission and other departments to develop an automatic early warning and reporting system for the diagnosis and treatment system, break through departmental barriers to form a closed-loop governance, and promote the transformation of the system from relying on individual self-consciousness to procedures that must be passed, and realize the collection of discovery reports, emergency response, research and judgment. The implementation of a system that integrates intermediary, assistance and intervention, and supervision and accountability.
Since its operation, more than 80 clues have been automatically reported, a year-on-year increase of 5 times. 7 cases of violations against minors have been filed and investigated, and 8 people have been jointly helped and rescued.
Case 3 The People's Procuratorate of Wucheng District, Jinhua City, Zhejiang Province Supervised and Urged the Big Data Supervision Case of Unattended Children's Custody
【Key words】
Prosecutorial Big Data Supervision Facts for Minors Unsupported Children Lack of Guardianship Digital Application Scenarios
【gist】
Aiming at such outstanding problems as the difficulty of accurately discovering unaccompanied children, the procuratorial organs have developed digital application scenarios, and cooperated with civil affairs, public security, judicial and other departments to strengthen work connection and information sharing. To bring up children, carry out supervision over lack of guardianship by means of procuratorial advice and support for prosecution, urge relevant administrative departments to perform their duties in accordance with the law, and effectively protect the basic life and legitimate rights and interests of children in difficulty.
【Clue Discovery】
In May 2022, the People's Procuratorate of Wucheng District, Jinhua City, Zhejiang Province discovered during the handling of the case that a couple were both serving sentences and being arrested and detained. .
However, the prosecutor came to visit and found that Xiaoyue had no other close relatives, only her aunt sent daily necessities from time to time.
The People's Procuratorate of Wucheng District immediately assisted in the work of qualification confirmation and care and assistance. The relevant departments designated Xiaoyue's aunt as a temporary guardian, and signed a guardianship agreement to include Xiaoyue in the scope of assistance and protection, and issued basic living allowances every month to effectively protect Xiaoyue. The basic life of the month.
After in-depth investigation and understanding, the procuratorate found that in the process of strengthening the protection of de facto unsupported children, due to the reason that law enforcement and judicial information is not shared, in addition to manual investigation and independent application, it is difficult for relevant departments to grasp in a timely manner whether the child's parents are detained or not involved in the case. Other circumstances where guardianship duties cannot be performed.
【Data Empowerment】
The procuratorial organs, together with the public security organs, civil affairs departments, judicial administrative departments, health departments, people's courts, disabled people's federations, and other departments, shall conduct investigations on minors, children in difficulty, prisoners, persons in compulsory isolated drug rehabilitation, severely disabled persons, and missing persons among the permanent residents. Comprehensive analysis of data and information such as persons who have died and persons who have died, and screened out minors who meet the de facto identification criteria for unsupported children but have not yet been included in the assistance.
The key point of data analysis is to obtain minors' information and match them with the potential "insured but uninsured" fact that unsupported children.
Through big data analysis, strengthening interdepartmental collaboration, realizing real-time information sharing, and breaking through data barriers are important measures to implement the "Opinions on Further Strengthening the Protection of De facto Unsupported Children", and are also the key content of strengthening the guardianship and supervision of minors.
【Case Handling】
The People's Procuratorate of Wucheng District and the public security agency jointly developed the digital application scenario of "Intelligent Discovery and Rescue for Facts of Unattended Children". Through the intelligent calculation of the system, the first batch of 28 clues to be verified were screened out. After manual verification, it was confirmed that 5 people were arrested because their parents were involved in the case. and other reasons meet the conditions for the identification of de facto unsupported children.
The procuratorial organ urged the relevant departments to include them in the protection according to the procedures one by one by formulating and issuing procuratorial suggestions, and carried out follow-up supervision from the protection of civil rights and interests such as guardianship status, household registration management, and education status.
Among them, in the form of civil support for prosecution, Yang Moujia, a de facto unsupported child who is suffering from illness, applied to the court to designate a guardian, and linked multiple departments to provide him with care and assistance in medical treatment and schooling.
Case 4 The Beijing Municipal People's Procuratorate supervised the rectification of illegal settings around the campus that are not suitable for minors' activities. A case of big data supervision
【Key words】
Minors' procuratorial big data supervision administrative public interest litigation in places around the campus that are not suitable for minors' activities
【gist】
In view of the illegal establishment of entertainment venues, bars, Internet access service business premises, tobacco, alcohol, lottery and lottery sales places around the campus that are not suitable for minors, the procuratorate has strengthened legal supervision to eliminate potential safety hazards.
Through the establishment of a big data model, full-coverage and dynamic supervision is carried out on whether there are illegal places around the campus that are not suitable for minors' activities, and the power of technology is used to empower the legal supervision of minors' protection and create a healthy growth of minors. good environment.
【Clue Discovery】
In order to implement the relevant laws and regulations on the establishment of unsuitable places for minors' activities around the campus, and to purify the surrounding environment of the campus, the Beijing Municipal People's Procuratorate actively performed its duties and established a big data legal supervision model with the help of the intelligent clue discovery, analysis and judgment platform for public interest litigation. Request a search to obtain information on entertainment venues, bars, Internet access service business premises, tobacco, alcohol, lottery and other places around the campus, and find clues that may violate laws and regulations.
The procuratorate took advantage of integrated case handling, deployed in a unified manner, coordinated with the three levels of courts, carried out on-site verification based on clues, and carried out administrative public interest litigation for the protection of minors in accordance with the law according to the verification results.
【Data Empowerment】
The procuratorial organs collected the location information of all primary and secondary schools in the city and KTVs, Internet cafes, chess and card rooms, game halls, bars, discotheques, nightclubs, lottery stations and other places inappropriate for minors in the city from the industrial and commercial registration information and map information, After comparing and analyzing these data and information, we screened out clues that illegal settings around the campus are not suitable for minors' activities.
The key point of data analysis is to compare location information.
The Law on the Protection of Minors clearly stipulates that commercial entertainment venues, bars, Internet access service business premises and other places that are not suitable for minors' activities shall not be set up around schools and kindergartens, and no tobacco, alcohol, and lottery sales outlets shall be set up.
"Regulations on the Management of Internet Service Business Sites", "Beijing Safety Management Regulations for Primary and Secondary Schools and Kindergartens (Trial)", "Beijing Regulations on Smoking Control" and other regulations set clear limits on "surroundings" such as 200 meters and 100 meters for different places.
Due to the failure to implement the relevant regulations, there are still such places around the campuses such as primary and secondary schools, kindergartens, etc. These places are the hidden dangers of the protection of minors, and they are also the basis for the laws and regulations of the procuratorate and supervision of the protection of minors. The key to getting it right.
【Case Handling】
Through the public interest litigation intelligent clue discovery, analysis, research and judgment platform, the procuratorate obtained more than 900 relevant clue information, and found 104 clues that may violate laws and regulations through screening, and handed them over to the corresponding branch court and district court for handling. At present, administrative public interest litigation cases have been established 14 cases, 8 cases were rectified and closed.
The Haidian District Market Supervision Bureau has taken multiple measures to carry out special rectification work on alcohol sellers around the school, check the alcohol sellers around the campus, form a dynamic ledger, and conduct classified management and random inspections according to the different situations of the sellers.
Food sellers who illegally sell alcohol to minors will be investigated and dealt with according to law.
The People's Procuratorate of Yanqing District verified 24 clues of tobacco and alcohol sales points, and communicated with the District Market Supervision Bureau and the Tobacco Monopoly Bureau to promptly rectify the merchants involved in the clues.
After receiving the procuratorial suggestion, the Miyun District Culture and Tourism Bureau imposed administrative penalties on the Internet cafes involved in accepting minors, organized the person in charge of the Internet cafes to conduct legal and regulatory training, and raised the operators' sense of responsibility to protect minors.
Case 5 The People's Procuratorate of Nanming District, Guiyang City, Guizhou Province Supervised and Rectified Noise Pollution Around the Campus Big Data Supervision Case
【Key words】
Juvenile Prosecutor Big Data Supervision Administrative Public Interest Litigation for Noise Pollution Control Around Campus
【gist】
The procuratorate, aiming at the transient nature of noise pollution around the campus, difficulty in obtaining evidence, and difficulty in governance, collects, collates, and analyzes illegal information and data through big data modeling and comparison to accurately determine the source of noise.
If the administrative agencies related to noise pollution around the campus fail to fully perform their duties in accordance with the law, they will play the role of administrative public interest litigation, supervise and urge effective governance, and maintain a good campus environment.
【Clue Discovery】
In March 2022, when the prosecutor of the People's Procuratorate of Nanming District, Guiyang City, Guizhou Province was performing his duties as the vice principal of the rule of law, he received a report from a middle school teacher and student that there were often motorcycles "drag racing" in the special bus lanes around the school in the early hours of the morning. Bombing the streets”, surrounding construction sites often have pile drivers roaring during lunch breaks, which seriously affects the study and rest of teachers and students, and many students have insomnia and anxiety problems.
After further investigation by the procuratorate, it was found that there were varying degrees of noise pollution from traffic, construction sites, and social life around other schools.
At the same time, the procuratorial agency found that due to the large changes in noise pollution around the campus, the variety of types, and the difficulty in obtaining evidence, the departments of traffic control, housing construction, and environmental protection have different functions, and each has some information. There are limitations in the supervision of noise pollution, which may easily lead to Regulatory blind spots, noise pollution problems are difficult to cure.
【Data Empowerment】
The procuratorate obtained data and information such as noise reports, noise value data, road monitoring and snapshots, construction site construction records, and administrative penalties for noise pollution through environmental protection, traffic management, and housing construction departments. Noise pollution behaviors and noise pollution sources, as well as clues to cases where noise pollution violations have not been punished and dealt with by administrative agencies.
The key point of data analysis is to timely determine whether the sound exceeds the standard and whether the noise pollution behavior has been effectively controlled by the administrative agency.
According to the "Law of the People's Republic of China on the Prevention and Control of Noise Pollution", "Regulations on the Prevention and Control of Environmental Noise Pollution in Guizhou Province", "The People's Republic of China Acoustic Environmental Quality Standard GB3096-2008" and other regulations, schools and other buildings are noise-sensitive buildings, and the noise at night must not exceed 45 decibels , daytime noise must not exceed 55 decibels, motor vehicle mufflers and horns must comply with national regulations.
Since the relevant regulations have not been effectively implemented, and at the same time, the environmental noise pollution sources around the campus are scattered and frequent, the precise "capture" and supervision of noise pollution problems are the key content of exerting the procuratorial function to maintain a good campus growth environment for minors.
【Case Handling】
After comparison and screening of big data, the procuratorate has identified 59 people (including 15 minors) who participated in road "drag racing" and "street bombing", identified 18 places of noise pollution from construction sites, and 50 places of noise pollution from social life.
In April 2022, the procuratorate will file an administrative public interest litigation case regarding noise pollution control around the campus according to the law, and issue pre-litigation procuratorial suggestions to the traffic control department on the issue of traffic noise.
The procuratorial organs cooperated with traffic management, housing construction, public security, market supervision, environmental protection, urban comprehensive law enforcement, education and other functional departments to formulate the "Returning "Quiet" to the Special Rectification of Noise around the Campus", and carried out special rectification of noise pollution around the campus. Various functional departments rectified 26 places of noise pollution around the campus in their jurisdiction, rectified 7 batches of "drag racing" and "street bombing" gangs with a total of 59 people, impounded 11 motorcycles, ordered 40 motorcycles to be rectified, and coordinated with the Women's Federation and the Youth League Committee to deal with "drag racing" " The 15 minors and their families in the bombing street were given legal education and family education.
Strengthen the linkage and interaction with the school, carry out 25 sessions of traffic safety law popularization education, and jointly solve the long-standing motorcycle "drag racing" and "street bombing" problems, the sound environment quality around the campus in the jurisdiction has been effectively improved, and the normal teaching order of the campus has been effectively protected and the healthy growth of students.