Design and Construction of Criminal Procedure Whole Process

Analysis System under the Background of Big Data

Hongyan Cen

Sichuan Judicial and Police Officers Professional College, DeYang, Sichuan, China

Keywords: Big Data, Criminal Procedure, Whole Process System.

Abstract: Under the background of big data, in order to make the criminal procedure better keep up with the fast pace

of the big data era, this paper analyzes the whole process of criminal procedure. By using the functions of

data collation and data analysis of big data technology, using the Internet and combining with the whole

process of procedure, a whole process analysis system of criminal procedure is constructed, which emphasizes

the efficiency of data collation and data search and the fairness of trial cases. So as to ensure the supervision

and improve the efficiency of handling cases.

1 INTRODUCTION

Criminal procedure is an activity in which the public

security organs, people's procuratorates and people's

courts verify and punish the criminal acts involved by

the defendants according to the criminal procedure

process and their requirements. Other state organs are

not allowed to participate in criminal procedure cases.

Simply put, it is the activities of defending the rights

of the defendants who have not committed crimes and

pursuing the responsibilities of the defendants who

have committed crimes. The purpose of criminal

procedure is to punish criminals with a fair attitude,

to protect the rights and interests of those who do not

commit crimes, and to educate citizens to abide by the

law and actively fight against criminals. The legal

system not only regulates people's behavior, but also

protects people's basic rights and interests. (Xie 2002)

(Chen 2013).

In this paper, the author intends to use big data

technology to construct a whole process analysis

system of criminal procedure in the function of

efficient use of data, so as to solve the problems

existing in the process of trial of criminal procedure,

such as low case handling efficiency and insufficient

supervision, thereby improving the efficiency of trial

of cases and maintaining the fairness in the process of

trial of cases.

2 OVERVIEW OF THE

CRIMINAL PROCEDURE

2.1 Formation of Criminal Procedure

The Criminal Procedure Law was adopted at the

second session of the Fifth National People's

Congress on July 1, 1979, and was revised twice at

the fourth session of the Eighth National People's

Congress on March 17, 1996 and the fifth session of

the Eleventh National People's Congress on March

14, 2012. On February 4, 2021, the Supreme People's

Court interpreted the Interpretation of the Supreme

People's Court on the Application of the Criminal

Procedure Law of the People's Republic of China.

Compared with the previous Interpretation in 2012,

the new Interpretation adds three chapters: the trial of

confession and punishment cases, expedited

procedure and trial procedure in absentia. The

emphasis is on strengthening human rights judicature,

maintaining judicial justice, strengthening judicial

protection of property involved, and strengthening the

connection between supervision and litigation.

This revision of criminal procedure is clear in

content and specific in direction. This revision takes

safeguarding the rights of participants in litigation as

the main line throughout, strengthens the handling of

evidence and property involved in the trial process,

maintains the status of trial, improves the linkage

mechanism between supervision and trial, and

improves and refines the procedures of confiscation

of illegal income and trial in absentia. It fully

Cen, H.

Design and Construction of Criminal Procedure Whole Process Analysis System under the Background of Big Data.

DOI: 10.5220/0011342800003437

In Proceedings of the 1st International Conference on Public Management and Big Data Analysis (PMBDA 2021), pages 275-280

ISBN: 978-989-758-589-0

275

embodies the key concept of governing the country

according to law in the new era, conforms to the latest

requirements of criminal procedure in the new era,

and improves some contents of criminal procedure,

which is of great significance for promoting the

modernization of national legal system construction.

2.2 Contents of Criminal Procedure

Process

Generally, the process of criminal procedure is the

process that the participants must know. Investigation

is the first step in the process of criminal procedure,

and the public security organs will decide whether to

pursue criminal responsibility through investigation,

and to pursue criminal responsibility, it is necessary

to enter the process of filing a case. After the case is

filed, the public security organs will detain the parties

in criminal detention. In the process of criminal

detention, the public security organs can either extend

the detention period or put forward compulsory

measures (which can be put forward when there is no

criminal fact, the suspect did not commit it or the

circumstances of the crime are not serious). When the

public security organ thinks that there is social

danger, it can request arrest, and the time limit is

generally 3 days, but it may also be 37 days (37 days

is in the arrest of major suspects, the public security

extended 30 days plus the procuratorate decided to

arrest 7 days, called the golden period to rescue the

suspects). After examination, the procuratorate may

decide whether to approve the arrest or not. After the

public security organ thinks that the case has met the

conditions for examination and prosecution, it needs

to enter the examination and prosecution, and decide

whether to transfer the case information to the

procuratorate; if not, it needs to be decided to

withdraw the case. After a one-and-a-half-month

examination, the procuratorate decides whether to

prosecute, and prosecution is generally divided into

summary procedure and ordinary procedure (the

summary procedure was added to the amended

criminal procedure, that is, the plea admission

procedure and the expedited judgment procedure). In

the trial stage, you enter the first trial procedure, if

you refuse to accept the judgment, you can enter the

second trial procedure and decide to change the

sentence or retrial on the original basis. When

entering the retrial link, a decision may be made to

retrial and dismiss the appeal. The criminal procedure

flowchart 1 is shown in Figure 1.

Figure 1: Criminal Procedure Process.

2.3 Problems in the Whole Process of

Criminal Procedure

2.3.1 Insufficient Supervision

In criminal procedure, supervision generally

emphasizes supervision during execution and

execution during supervision. However, there is often

a lack of supervision in the whole process of criminal

cases, which is embodied in two aspects. First, the

number of supervision cases is large, while the

number of people who carry out supervision is small.

For example, the procuratorate of Shenzhen has to

supervise 483,000 cases in a year, while the

procuratorate has only about 1,300 staff members

who perform this function of supervision, that is, 371

PMBDA 2021 - International Conference on Public Management and Big Data Analysis

276

cases per capita. However, the procuratorate of

criminal cases has to supervise 27,000 cases a year,

and only 72 people try criminal cases. It can be seen

that there are many cases to be tried by procuratorates

every year, but there is a lack of people to supervise

them. Second, supervision pays attention to many

forms and its effect is poor. (Qi 1997) For example,

the departments in charge of supervision during the

trial of cases supervise the public security organs

during the trial of cases. Only some error-prone areas

were strictly examined, but the details were not

noticed. It will cause problems in court, and make the

case turn to the initial stage again. For example,

Zhang Yuhuan retrial innocence case in July 2020,

passion fruit girl retrial case and Zhang Zhichao

retrial innocence case were in the absence of

supervision, which made it impossible to implement

a stricter supervision system, thus making the trial of

the case unfair.

2.3.2 Handling Cases Is Inefficient

The efficiency of handling criminal cases has always

been one of the focuses of people's attention. The

improvement of the efficiency of handling criminal

cases will promote judicial efficiency and social

harmony. However, there are still some criminal cases

that are not efficient in handling cases, which are

mainly reflected in two aspects: First, the settlement

rate. For example, in Shenzhen, a total of 27,000

criminal cases were tried in one year, while the

number of concluded cases was 13,500, and the

settlement rate was only 50%. Second, the length of

trial of quick trial cases with light punishment. Light

punishment and quick trial cases refer to cases in

which criminal cases are relatively simple, the

evidence is substantial and the defendant voluntarily

pleads guilty. For example, the time spent in trial of

fast-track cases in Shenzhen is about 50 days, which

is enough to show that the efficiency of trial of cases

is not high. The efficiency of handling criminal cases

is not high, which directly affects the rights and

interests of the parties, such as monitoring their lives

and finances. If the case has been tried for several

years, it will cause indelible mental harm to the

relatives of the victims. As in 2018, in the passion

fruit girl retrial, the case was tried for about two years.

To sum up, in view of the problems existing in the

whole process of criminal procedure cases at present,

the author thinks that by applying big data technology

in the whole process of criminal procedure cases, can

improve the supervision of trial cases, improve the

handling efficiency, and then increase the fairness of

trial cases, better deepen the concept of the rule of

law. (Ma 2017) (Fan 2015).

3 BIG DATA TECHNOLOGY AND

CRIMINAL PROCEDURE

WHOLE PROCESS ANALYSIS

SYSTEM

3.1 Big Data Technology

Big data technology refers to the application of big

data, and its functions involve business analysis, data

analysis, data mining, machine learning and artificial

intelligence. A large number of applications of big

data technology are reflected in the development

period of products. In this stage, because of the large

amount of data and the need to analyze the data, it will

be used more in this stage. Generally speaking, big

data has four characteristics, namely, abundance,

diversity, value and timeliness. That is to say,

collecting a large number of diverse data, and in the

case of storage and management, finding many useful

conclusions in time through data analysis and mining,

so as to realize the value-added of data. Big data

technology is often inseparable from the cooperation

of cloud computing, Hadoop/HDFS

/Mapreduce/Spark and other technologies. Big data is

a massive database, and cloud computing is to

virtualize resources and then distribute them again,

which is equivalent to computers and operating

systems for processing information resources. HDFS

and Mapreduce store and calculate a large amount of

data. When there is only one data, the data is of no

value, but when many data are superimposed, the data

will make a qualitative leap. For example, by

analyzing a person's footprint on the Internet, you can

push the relative product demand information to this

person. The significance of big data is not to master

the information it collects, but to deal with it

professionally.

3.2 Criminal Procedure Whole Process

Analysis System

With the help of big data technology, the whole

process of criminal procedure has strengthened the

supervision, which makes the development of the

function of supervision more balanced. According to

different criminal cases, the formal procedures are

relatively reduced, and the efficiency of handling

cases is improved. With the help of big data

Design and Construction of Criminal Procedure Whole Process Analysis System under the Background of Big Data

277

technology, the operation mode of the three organs of

public security and inspection law will save some

unnecessary procedures when the procedures are

reversed, even if it is found that there are problems in

the trial process in the previous trial department. On

the whole, big data technology makes up for the

deficiencies of previous procedures and improves the

efficiency of handling cases.

4 DESIGN AND

IMPLEMENTATION OF THE

CRIMINAL PROCEDURE

WHOLE PROCESS ANALYSIS

SYSTEM

4.1 Overall System Architecture Design

The overall framework of the system consists of three

parts: reviewing data, issuing results and supervising.

After filing a case, criminal detention and requesting

arrest, the public security organ sends the data to the

procuratorate through the network, and the

procuratorate will send the data to the court after

examination. If the court finds any problem in the

review of the data, the court will feed back the results

to the procuratorate, and then fed back to the public

security organ after being verified and confirmed by

the procuratorate, and the data will be verified,

modified and sent to the procuratorate again. If there

is no problem after the court checks the data, it will

enter the trial stage and finally issue the results. In the

whole process of reviewing data and issuing results,

there must be supervision by the procuratorate. In the

whole process, the case materials no longer need to

be transferred many times, but only need to be sent

online, because the online procedure will greatly save

the time of case circulation; The whole process was

supervised by the procuratorate, which broke the

obstacle of insufficient supervision. The overall

system architecture is shown in Figure 2.

Figure 2: Overall system architecture.

4.2 Detailed Functional Design

4.2.1 The Specific Application of the System

The concrete operation of the system is that the public

security organs first log on to their own websites, and

search for case-related information through this

website and using big data collection information

tools Python and Flume. The purpose of this step is to

collect information other than the case data obtained

during the investigation on the Internet. Secondly, the

public security organs will sort out the collected

information. The specific operation is to first remove

the information irrelevant to the case and supplement

the missing data of the case. Then remove or modify

the case information errors in the data, such as content

errors, format errors and logic errors; then remove

some data that have little relevance to the case;

finally, relevance verification is carried out, that is,

whether the content left behind belongs to the

relevant information of the case is retrieved. Import

relevant case data into the whole process system of

PMBDA 2021 - International Conference on Public Management and Big Data Analysis

278

criminal procedure through Sqoop, and then use Hdfs

for storage. The public security organs analyze this

part of the stored data, and at this time, they can make

use of Spark analysis tool in big data tools, that is,

make statistics and analysis on the stored data through

visual analysis and correlation method, and generate

relevant statistical data and reports. Finally, dig deep

into the analyzed statistical data or reports until you

find information that can help the case. Information

can be displayed in various forms, such as words,

pictures, charts and so on. The public security organ

uploads the information of these cases to the office

system shared by the three organs of the Public

Security Law again, which is the first step of the

whole process system of criminal procedure.

The second step is for the procuratorate to review

the case information on the office system. If there is

any doubt, it can inform the public security organ

online. The public security organ will review it again

and upload it again. The procuratorate will review the

information again and inform the court to review it.

The third step is the court review. This step is the

same as the second step. If there is any problem, go

to the higher authorities. If there is no problem, the

case will be tried, and finally the review results will

be uploaded.

At this stage, the application of the whole process

system of criminal procedure reduces the time and

energy in the process of transferring case data, and at

the same time, the process also ensures the real-time,

consistency and quality of data.

4.2.2 The Procuratorate Will Supervise the

Whole System

At this stage, the supervision can not only call the

monitoring, but also work online and inquire about

the progress of the case or the relevant situation of the

case online, which has reached the principle of step

by step supervision and step by step caution. The

overall supervision begins with the investigation by

the public security organs and the appearance of the

final trial results. Under the strong supervision of the

procuratorate, the number of retrial can be reduced,

the fairness of cases can be improved and problems

such as inadequate supervision can be eliminated.

(Jiang 2016).

By introducing the detailed functions of the whole

process analysis system of criminal procedure, this

paper not only solves the problems of insufficient

supervision and low efficiency in handling cases in

the whole process, but also intends to express the

powerful functions of big data technology. By using

big data technology, the whole process system of

criminal procedure is designed, which makes data

search, data storage and data analysis more

convenient, reduces some repetitive work on data,

makes the utilization efficiency of case data resources

higher, and ensures the fairness of case trial.

4.3 Technical Support

4.3.1 Python

Python is a language for developing various skills,

and its functions are mainly applied to web crawler,

website development, artificial intelligence and

automatic operation and maintenance. Its advantage

is that compared with static and dynamic

programming languages, the interface for capturing

webpage data is simpler, and the application interface

provided is more complete. When processing the

crawled webpage data, it will filter out the junk files

and leave clean text data.

4.3.2 Flume

Flume is a tool that can not only collect data

resources, but also store them. Its application is, for

example, by obtaining a person's website and

consumption information, after analysis, pushing

related products. Its advantages are that it ensures the

consistency of data transmission and acquisition, and

it can efficiently collect multiple data, and supports

resource types of various paths.

4.3.3 Sqoop

Sqoop is equivalent to a data transmission tool, which

imports data from the database into Hdfs, and can also

perform reverse operation. The use of Sqoop not only

ensures the safety of data transmission between back

and forth, but also supports incremental import and

incremental update. By utilizing the distributed batch

processing function of Mapreduce, SQOOP

accelerates the data transmission speed and ensures

the fault tolerance of data.

4.3.4 Spark

Spark is a framework for processing all kinds of big

data. It is characterized by fast data processing,

simple use and strong universality.

4.3.5 Hdfs

Hdfs refers to a distributed file system, which means

that the data set has taken up more capacity than this

computer, and it is necessary to store the data in other

Design and Construction of Criminal Procedure Whole Process Analysis System under the Background of Big Data

279

computers dispersedly, thus creating a file for storing

data of multiple computers, that is, a distributed file

system. And Hdfs is a subproject of Hadoop project,

which is responsible for handling very large data files.

It has a wide range of applications, supports the

storage of massive data, and has the functions of fault

detection and automatic repair. It is often used in a

large number of data clusters, and it has a high degree

of fault.

5 CONCLUSIONS

Under the background of big data, the whole process

analysis system of criminal procedure exists under the

supervision of the procuratorate, which ensures the

fairness of case trial. By online transmission of case

data, the system realizes data sharing, avoids repeated

work of transferring data for many times, and saves

time in the process of trial of cases. The design and

construction of this system has improved the

efficiency of trial of criminal procedure cases and

ensured the fairness of trial cases.

REFERENCES

Chen Ruihua. (2003) Between Problem and Doctrine ——

Research on the Basic Problems of Criminal

Procedure.Beijing: China Renmin University Press.

Fan Chongyi, Liu Wenhua (2015). The Operation of China's

Criminal Cases Expedition Procedure. People's

Judicature· Balance.

Jiang Tao. (2016) Research on Administrative Legal

Supervision System of Procuratorial Organs. Oriental

Law.

Ma Chunjuan, Yao Xiaoxiao. (2017) The Construction of

China's Criminal Expedition Procedure. Journal of

Henan University of Technology(Social Science

Edition).

Qi Zefu. (1997) Reasons and Countermeasures for the Lack

of Supervision of the National People's Congress at

Present. Guangxi Social Sciences.

Xie Youping, Wan Yi. (2002) The Principles of the Criminal

Procedure Law: Cornerstone of Procedural

Justice.Beijing: Law Press·China.

PMBDA 2021 - International Conference on Public Management and Big Data Analysis

280