CN110246063B - Method and device for guiding case examination and management - Google Patents
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Abstract
The invention discloses a method and a device for guiding case examination and management. And acquiring trial and administration guidance information according to the trial and administration related information corresponding to the case to be processed, and pushing the trial and administration guidance information corresponding to the case to be processed. For example, prior to a court trial, the trial guideline information can provide relevant information for a court officer to conduct the court trial; after court trial, the trial guidance information can provide the judge-related information for the judge. The judge examines the case under the guidance of the examination guide information, so that the examination workload of the judge is greatly reduced, and the examination efficiency of the case is improved.
Description
Technical Field
The invention relates to the technical field of court trial, in particular to a method and a device for guiding case trial.
Background
In the course of managing a case, a judge needs to spend a lot of time reading the file or related laws and regulations related to the case, thereby manually acquiring information such as case facts, related evidence, case dispute focus, case referee rules and applicable laws. Moreover, as case auditing progresses, case file auditing pressures are increasing.
The process of manually obtaining the information of the case consumes a great deal of time of the judge, so that the work load of the judge is heavy and the case auditing efficiency is low.
Disclosure of Invention
In view of the above problems, the present invention provides a method and an apparatus for guiding case management, so as to solve the technical problems of low case management efficiency and heavy workload of judges in the conventional case management process.
In a first aspect, the present application provides a method for guiding case inspection, comprising:
acquiring a legal document of a case to be processed;
identifying and obtaining the case fact of the case to be processed according to the legal documents;
searching related auditing information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the related auditing information is information which needs to be found out or is required to be based on when the case is audited;
obtaining trial and error guide information according to the trial and error related information corresponding to the case to be processed, wherein the trial and error guide information is used for prompting the trial and error process of the case to be processed;
pushing the trial and error guidance information associated with the case to be processed.
Optionally, the case to be treated is a case which is not subject to court trial, and the trial related information includes evidence information and question;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information and inquiry questions from auditing related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guide information;
and obtaining court trial inquiry guide information according to the inquiry questions.
Optionally, the obtaining of court trial inquiry guidance information according to the inquiry question corresponding to the case fact of the case to be processed includes:
and classifying all inquiry questions corresponding to all case facts of the case to be processed according to the question types to obtain each question type and corresponding inquiry questions as the court trial inquiry guide information.
Optionally, the case to be processed is a case which has undergone court trial;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information, a dispute focus, a judgment rule and applicable laws from trial related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guiding information;
and obtaining referee guide information according to the dispute focus, the referee rule corresponding to the dispute focus and the applicable law.
Optionally, the evidence information comprises evidence; the legal documents comprise case evidence texts corresponding to the cases to be processed;
the method further comprises the following steps:
acquiring the existing evidence of the case to be processed from the case evidence text;
comparing the evidence in the evidence information with the existing evidence to obtain evidence to be supplemented;
and prompting that the evidence to be supplemented is missing.
Optionally, the evidence information further includes an evidence review rule corresponding to the evidence; the method further comprises the following steps:
and prompting the evidence examination rule corresponding to the evidence contained in the evidence information.
Optionally, if the case to be treated is a case which is not subject to court trial, the legal documents comprise a prosecution document and an answer form;
and if the case to be processed is the case which is already subjected to the court trial, the legal documents comprise the prosecution document, the answer form and the court trial record.
In a second aspect, the present application further provides a method for guiding case examination, including:
the document acquiring unit is used for acquiring the legal document of the case to be processed;
the fact identification unit is used for identifying and obtaining the case fact of the case to be processed according to the legal document;
the searching unit is used for searching trial and error related information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the trial and error related information is information which needs to be found or is required to be based on when the case is trial and error;
the guiding information generating unit is used for obtaining trial and error guiding information according to the trial and error related information corresponding to the case to be processed, and the trial and error guiding information is used for prompting the trial and error process of the case to be processed;
and the pushing unit is used for pushing the trial and error guide information associated with the case to be processed.
In a third aspect, the present application further provides a storage medium having a program stored thereon, where the program is executed by a processor to implement the method for guiding case examination according to any one of the first aspect.
In a fourth aspect, the present application further provides a processor, where the processor is configured to execute a program, and the program executes the method for guiding case examination according to any one of the first aspect.
The case fact of the case is identified and obtained according to the legal documents of the case to be processed, and then relevant information of the trial and error corresponding to the case fact is searched from the knowledge base. And acquiring trial and administration guidance information according to the trial and administration related information corresponding to the case to be processed, and pushing the trial and administration guidance information corresponding to the case to be processed. For example, prior to a court trial, the trial guideline information can provide relevant information for a court officer to conduct the court trial; after court trial, the trial guidance information can provide the judge-related information for the judge. The judge examines the case under the guidance of the examination guide information, so that the examination workload of the judge is greatly reduced, and the examination efficiency of the case is improved.
The foregoing description is only an overview of the technical solutions of the present invention, and the embodiments of the present invention are described below in order to make the technical means of the present invention more clearly understood and to make the above and other objects, features, and advantages of the present invention more clearly understandable.
Drawings
Various other advantages and benefits will become apparent to those of ordinary skill in the art upon reading the following detailed description of the preferred embodiments. The drawings are only for purposes of illustrating the preferred embodiments and are not to be construed as limiting the invention. Also, like reference numerals are used to refer to like parts throughout the drawings. In the drawings:
FIG. 1 is a flow chart of a method for guiding case examination according to an embodiment of the present application;
FIG. 2 is a flow chart of another method for guiding case examination according to an embodiment of the present application;
FIG. 3 is a flow chart of a method for guiding case examination according to an embodiment of the present application;
FIG. 4 is a block diagram of an apparatus for guiding case examination according to an embodiment of the present application;
FIG. 5 is a block diagram of another apparatus for guiding case examination according to an embodiment of the present application.
Detailed Description
Currently, a judge usually needs to read a large number of documents and laws and regulations related to a case to determine the fact, evidence, the focus of dispute and the judgment rule of the case, determine whether the evidence corresponding to the case is complete, and check whether the needle is legal. Therefore, in the case processing process of the judge, a large number of files and laws and regulations related to the case need to be read, and a large amount of time is consumed by the judge, so that the problems of heavy workload and low case management efficiency are caused. The application provides a method for guiding case examination and management, which identifies case facts of cases to be processed according to legal documents of the cases. Then, relevant auditing information corresponding to the case fact is searched from a pre-established knowledge base, and auditing guide information is generated according to the relevant auditing information. The trial guidance information is used for providing relevant information for the trial cases of the judge, for example, before court trial, the trial guidance information can provide relevant information for the court trial of the judge; after court trial, the trial guidance information can provide the judge-related information for the judge. The case management system has the advantages that the case management system can greatly reduce paper reading time of the judge when the judge examines the case under the guidance of the case management guide information, so that preparation time of the case management system is saved, and case management efficiency is improved.
Exemplary embodiments of the present disclosure will be described in more detail below with reference to the accompanying drawings. While exemplary embodiments of the present disclosure are shown in the drawings, it should be understood that the present disclosure may be embodied in various forms and should not be limited to the embodiments set forth herein. Rather, these embodiments are provided so that this disclosure will be thorough and complete, and will fully convey the scope of the disclosure to those skilled in the art.
Referring to fig. 1, a flowchart of a method for guiding case examination according to an embodiment of the present application is shown, where the method may be applied to a server, and as shown in fig. 1, the method may include the following steps:
s110, acquiring the legal documents of the cases to be processed.
The case to be treated may be any case at any stage, and the application mainly relates to two stages, namely a pre-trial stage and a post-trial stage.
The case types comprise three major classes of criminal, civil and administrative, each major class can be divided into a plurality of different minor classes, and the legal documents corresponding to different legal classes comprise the same document class.
For cases before court trial, the legal documents can comprise prosecution documents and answer forms; for cases after court trial, the legal documents may include prosecution documents, answers, court trial notes.
The prosecution documents comprise prosecution documents and prosecution states, wherein the prosecution documents are legal documents for the national institute to carry out the official complaints to the notifier on behalf of the country. The appeal is a legal document which asks people's court to ask for litigation because citizens or legal persons are infringed by the legitimate rights and interests of the citizens or the legal persons.
The answer form is a document which is answered and refunded according to facts and laws within a legal period and is one of the documents with the highest use frequency in the appeal form. An answer form is a right legally given to a party on a case in a defended position.
The case evidence text is evidence data provided by the relevant persons or units involved in the case, including, for example, the evidence itself, and the evidence list of the case.
The court trial record is also called a court record or an examination record, is a literal record made by a bookkeeper and synchronously reflecting the real situation of all examination activities in the court trial process, and is an indispensable written material for court judgment cases.
And S120, identifying and obtaining case facts of cases to be processed according to the legal documents.
Case facts refer to legal facts and legal events that affect changes in legal relationships, and the same case may have multiple different case facts.
If the case to be processed is a case which is not subject to court trial, identifying the case fact of the case to be processed according to the prosecution book (or the prosecution state) and the answer state; and if the case to be processed is a case which is already treated in the court, identifying the case fact of the case to be processed according to the prosecution book (or the prosecution shape), the answer shape and the court trial record.
In one embodiment of the present application, case facts may be identified by machine learning algorithms to legal texts.
For each case of each case type, a large number of sample cases are obtained. Information related to case facts in sample cases is manually combed, for example, common expression modes of case facts in marked appetitive (or appetitive) and answer forms; and learning by a machine learning algorithm according to the relevant description of the case facts in the sample case to obtain a recognition rule model for recognizing the case facts. Then, the machine learning algorithm utilizes the obtained identification rule model to identify the legal documents which are not marked to obtain corresponding identification results, and then the identification results are manually corrected so as to optimize the identification rule model according to the corrected identification results, and finally obtain a better identification rule model.
And finally, identifying the legal documents of the case to be processed by using the better identification rule model to obtain the case fact of the case to be processed.
In addition, the format characteristics of the legal documents of different case types may not be completely the same, and the corresponding machine learning algorithm can be trained respectively for different case types.
S130, searching for related trial and error information associated with the case fact of the case to be processed from a pre-established knowledge base.
The related information of examination in the knowledge base is the information which is found according to or needed to be found when the fact of a case related to a large number of cases under the same case is examined and summarized and the case fact corresponding to the case is examined.
For example, the jurisdictionally-related information may include evidence, evidence review rules, question asking, focus of dispute, referee rules, applicable law.
The contents contained in the knowledge base are illustrated below for a specific case fact:
the scheme is as follows: house lease contract disputes;
case facts: signing house lease contract and defaulting rent;
the evidence includes: house lease contract, notice of fee payment urging;
evidence review rules (take house lease contract as an example): checking whether the name of the contract is a house leasing contract or not; checking whether the payment contents include rent, deposit and the like; ③ the examination form is written or oral; checking whether a complete autograph or fingerprint exists; checking whether the evidence is an original, and whether the copy and the original are consistent;
question asking: (ii) contract agreement on rental term criteria? (problem type: contract fulfillment)? (problem type: contract fulfillment); (iii) whether there is a default fact? How does a contract agree on the responsibility for a breach? (type of problem: violation of obligation)
The dispute focus is as follows: how the rental payment period is determined;
judging rules: the lessee should pay the rent for the agreed terms. The payment period is not agreed or is not agreed and definite, the provision of sixty-one according to the method can not be determined, the lease period is not expired for one year, and the payment is required when the lease period expires; more than one year during the lease should be paid each time a year expires, and the remainder of the period, which is not one year, should be paid when the lease period expires. Thus, the lessee lease period is not one year old, and the payment time should be at the expiration of the lease period; because the lease period of the case exceeds one year, according to the legal regulations, the lessees pay the fees when the contract of each period expires for one year; because the rest period of the contract is not one year, the lessee should pay when the lease period expires.
Applicable law: 1999 contract law of the people's republic of China.
If the case to be treated is a case which is not subject to court trial, the related information of the trial and error obtained from the knowledge base can comprise evidence information and question questions, and the evidence information can comprise evidence texts and evidence examination rules related to the case. If the case to be processed is a court trial case, the trial-related information obtained from the knowledge base may include evidence information, a point of dispute, a rule of referee, and applicable laws.
The knowledge base stores case facts related to each case from the beginning and corresponding related information of the trial and error. Wherein, different knowledge bases can be respectively established for different case types, for example, three knowledge bases are respectively established for three types of criminals, civil affairs and administration. Alternatively, three types of criminal, civil and criminal administration share a knowledge base.
And searching related auditing information corresponding to the case fact of the case to be processed from the corresponding knowledge base according to the case type (criminal, civil or administrative) of the case to be processed.
And S140, acquiring trial and administration guidance information according to the trial and administration related information corresponding to the case to be processed.
And after obtaining related auditing information corresponding to the case fact of the case to be processed from a knowledge base, generating auditing guide information of the case to be processed according to the related auditing information. The examination guide information is used for prompting the examination process of the case to be processed;
in one embodiment of the application, trial guidance information for cases at different stages is different, and for cases that are not in court trial, the trial guidance information includes fact finding guidance information and court trial inquiry guidance information. Wherein the fact finding guide information comprises case facts and evidence information; the court trial inquiry guidance information comprises inquiry questions corresponding to the case.
For cases which have undergone court trial, the trial guidance information thereof includes fact finding guidance information and referee guidance information. The referee guide information includes a dispute focus, and referee rules and applicable laws corresponding to the dispute focus. The fact finding guidance information at this stage includes case facts and evidence information, but the case facts after court trial and the case facts before court trial may be different, and the evidence information searched from the knowledge base may also be different due to the fact that the case facts are different.
S150, pushing the trial guideline information associated with the case to be processed.
And pushing the examination and management guidance information of the case to the client so that the judge can process the case to be processed according to the examination and management guidance information.
The case fact of the case is identified and obtained according to the legal documents of the case to be processed, and then relevant information of the trial and error corresponding to the case fact is searched from the knowledge base. And acquiring trial and administration guidance information according to the trial and administration related information corresponding to the case to be processed, and pushing the trial and administration guidance information corresponding to the case to be processed. The trial guidance information provides relevant information required by a judge for reviewing the case to be processed, for example, before court trial, the trial guidance information can provide relevant information for the judge to conduct court trial; after court trial, the trial guidance information can provide the judge-related information for the judge. The judge examines the case under the guidance of the examination guide information, so that the examination workload of the judge is greatly reduced, and the examination efficiency of the case is improved.
Referring to fig. 2, a flowchart of another method for guiding case trial in the embodiment of the present application is shown, where the method may be applied to a server, and the embodiment takes an unapproved case as an example for description. As shown in fig. 2, the method may include the steps of:
s210, obtaining the appellation (or appellation) and the answer of the case to be processed.
S220, recognizing the prosecution book (or the prosecution form) and the answer form of the case to be processed by utilizing a machine learning algorithm to obtain the case fact of the case to be processed.
S230, finding evidence information and question questions related to the case fact of the case to be processed from the knowledge base.
There may be several different case facts in the same case, and the evidence information and question associated with each case fact of the case are obtained from the knowledge base.
The evidence information is evidence and evidence examination rules related to the case fact stored in the knowledge base; the questioning questions are questions stored in the knowledge base that may be asked at the time of court trial in relation to the case fact.
S240, the evidence information is associated with the case fact corresponding to the case to be processed, and fact finding guiding information is obtained.
Fact finding guideline information includes case facts and corresponding evidence guidelines; the case fact is obtained by utilizing a machine learning algorithm for identification; the evidence guideline is evidence information corresponding to case facts of the case to be processed, which is searched from a knowledge base.
The fact finding guide information is used for providing relevant information for finding case facts for the judge, wherein the evidence guide refers to evidence which is pushed for the judge and is relevant to the case facts of the case to be processed and corresponding evidence examination rules.
When finding out the case fact of the case to be processed, the judge can refer to the fact to find out the case fact in the guiding information and quickly know the case fact contained in the case to be processed; and finding out evidence guide in the guide information according to the fact to quickly judge whether the evidence of the case to be processed is complete or not and whether the evidence is legal or not.
And S250, acquiring court trial inquiry guide information according to the inquiry question corresponding to the case fact of the case to be processed.
The court trial inquiry guide information is inquiry outline reference when the court inquiry is provided for the judge.
A case may comprise a plurality of different case facts, all corresponding inquiry questions are searched from the knowledge base aiming at each case fact, and then all inquiry questions corresponding to all case facts of the case are merged in the same kind to obtain court trial inquiry guiding information, namely inquiry outline reference.
For example, question 1: reason why do the claim contract become invalid? Question 2 is asked: which party did the mistake of contract invalidation? What is both the party wrong? Both of these questions are related to contract effectiveness, and therefore, are merged into the question type of "contract effectiveness".
When the court trial inquiry is carried out on the case to be processed by the judge, the court trial inquiry guiding information of the case to be processed can be referred, so that the time for analyzing and summarizing the inquiry outline of the case to be processed is saved for the judge, and the case trial efficiency is improved.
And S260, pushing the fact finding guide information and the court trial inquiry guide information corresponding to the case fact.
The server pushes fact finding guide information and court trial inquiry guide information corresponding to the case fact of the case to be processed to the client.
Preferably, the legal document further includes case evidence text, and other embodiments of the present application may further include the following steps after S230:
s270, obtaining the existing evidence of the case to be processed from the case evidence text.
The existing evidence is the evidence which is obtained at present for the case to be treated; this existing evidence can be obtained from case evidence text. The case evidence text comprises the evidence text itself related to the case to be processed and an evidence list of the case to be processed, and the existing evidence of the case can be obtained from the evidence list.
S280, comparing the evidence in the evidence information corresponding to the case to be processed with the existing evidence to obtain the evidence to be supplemented.
The evidence corresponding to the case fact of the case to be processed, which is obtained from the knowledge base, can be used as due evidence of the case to be processed. The step is to compare the existing evidence and the due evidence of the case to be processed, so as to obtain the evidence which is contained in the due evidence but not contained in the existing evidence, and the evidence can be the evidence which needs to be supplemented by the case to be processed, and is called as the evidence to be supplemented.
And S290, prompting that the evidence to be supplemented is missing.
The law practitioner is prompted that the case to be processed may lack the evidence to be supplemented, the prompting mode may be prompting information, or the evidence to be supplemented is directly highlighted in the due evidence, which is not limited in the present application. In addition, the evidence to be supplemented may be prompted to be supplemented, reconnaissance or submitted by the relevant entity or party.
Preferably, other embodiments of the present application further include, after step S270:
and S2100, displaying an evidence examination rule corresponding to the target evidence.
The evidence information obtained from the knowledge base comprises evidence examination rules corresponding to the evidence. The evidence examination rule is used for prompting an evidence examination mode and guiding a judge to examine whether each existing evidence is legal or not. For example, when a user clicks on evidence associated with the case fact in the fact finding directions, the user may be further presented with evidence review rules to which the evidence corresponds, so that the judge may clarify the review rules for the evidence.
For cases which are not subjected to court trial, the method provided by this embodiment can automatically identify the case facts of the present case according to the legal documents of the present case, and search for evidence information and ask questions from the knowledge base according to the case facts; finding fact finding guide information based on the evidence information, and finding court trial inquiry guide information based on the inquiry question. And finally pushing the fact finding guide information and the court trial inquiry guide information. The judge can quickly determine the case fact of the case by referring to the fact finding guide information and quickly finish the inquiry outline work of the court trial inquiry. By using the method, the examination workload of judges can be reduced, a large amount of time is saved, and the case management efficiency is improved.
In addition, the method can also compare the existing evidence and the due evidence of the scheme to obtain the evidence to be supplemented, and prompts that the evidence to be supplemented is possibly lacked, so that a judge can quickly check whether the evidence is complete. And for the existing evidence, prompting a corresponding evidence examination rule so that a judge can quickly examine whether the existing evidence is legal by referring to the evidence examination rule. And further, the time required by the judge to review the evidence is greatly saved, and the case piece auditing efficiency is further improved.
Referring to fig. 3, a flowchart of another method for guiding case trial in the embodiment of the present application is shown, where the method may be applied to a server, and the embodiment takes cases that have already been reviewed as an example for illustration. As shown in fig. 3, the method may include the steps of:
s310, obtaining a complaint book (or a complaint shape), a response shape and a court trial record of the case to be processed.
And S320, identifying the prosecution book (or prosecution shape), the answer shape and the court trial record of the case to be processed by utilizing a machine learning algorithm to obtain the case fact of the case to be processed.
The fact that the same case is in the pre-court trial and the post-court trial may be different, new cases may be added during the court trial, or certain cases may be corrected.
S330, finding evidence information, dispute focus, referee rule and applicable law associated with case facts of the case to be processed from the knowledge base.
S340, associating the evidence information with the case fact of the case to be processed to obtain fact finding guiding information.
The fact finding guide information after court trial and the fact finding guide information before court trial corresponding to the same case may be different, for example, the fact of the case before court trial is different from the fact of the case after court trial, and/or the evidence information before court trial is different from the evidence information after court trial.
Finding the guiding information according to the fact corresponding to the stage can enable a law practitioner (such as a judge) to quickly know the case fact corresponding to the case after court trial.
And S350, obtaining referee guide information according to the dispute focus, the corresponding referee rule and the applicable law.
And acquiring a dispute focus corresponding to the case fact identified by the case after court trial, and a referee rule and applicable law corresponding to the dispute focus. The dispute focus, the corresponding referee rule and the applicable law form referee guide information.
The applicable law is the legal basis for the referee; the judgment rule is that a judge combines case facts to explain how the case should be judged according to related laws;
for example, in the above example of the knowledge base, the case is a house rental contract dispute, and the case fact is a house rental contract signed and a rent owed; the corresponding dispute focus is how the lease payment period is determined; the rule of referee is that lessees should pay rent according to a contracted term. The payment period is not agreed or is not agreed and definite, the provision of sixty-one according to the method can not be determined, the lease period is not expired for one year, and the payment is required when the lease period expires; more than one year during the lease should be paid each time a year expires, and the remainder of the period, which is not one year, should be paid when the lease period expires. Thus, the lessee lease period is not one year old, and the payment time should be at the expiration of the lease period; because the lease period of the case exceeds one year, according to the legal regulations, the lessees pay the fees when the contract of each period expires for one year; because the rest period of the contract is not one year, the lessee should pay when the lease period expires. The applicable law is 1999 the second twenty-six of the contractual laws of the people's republic of China.
The referee guide information provides the dispute focus, referee rules and applicable laws of both parties for the judge. The judge can quickly obtain the judge result of the case to be processed by referring to the judge guide information.
Preferably, the legal document of the case to be treated further includes a case evidence text, and after S330, the embodiment of the present application may further include the following steps:
s360, the existing evidence of the case to be processed is obtained from the case evidence text.
And acquiring the existing evidence from the case evidence text of the case to be processed.
And S370, comparing the evidence in the evidence information with the existing evidence to obtain the evidence to be supplemented.
And S380, prompting that the evidence to be supplemented is missing.
Prompting the relevant personnel that the case to be processed may lack the evidence to be supplemented so that the relevant personnel (e.g., judge) can quickly review whether the evidence is complete. In addition, the evidence to be supplemented may be prompted to be supplemented, reconnaissance or submitted by the relevant entity or party.
Preferably, other embodiments of the present application further include the following step after S360:
and S390, displaying the evidence examination rule corresponding to the target evidence.
The case trial method provided by the embodiment automatically identifies case facts corresponding to cases after trial, searches corresponding evidence information, dispute focus, judgment rules and applicable laws from a knowledge base according to the case facts, and obtains fact finding guide information according to the case facts and the evidence information; and obtaining the referee guide information of the case according to the dispute focus, the referee rule corresponding to the dispute focus and the applicable law. The judge uses the fact to find out the guiding information to determine whether the case fact of the case is accurate and whether the corresponding evidence is complete and legal; and the referee guide information can provide referee guide for the judge, so that the judge can conveniently and quickly obtain a referee result. The time required by a judge to obtain a judgment result is shortened, and the case trial efficiency is improved. In addition to this, the present invention is,
in addition, the method can also compare the existing evidence and the due evidence of the scheme to obtain the evidence to be supplemented, and prompts that the evidence to be supplemented is possibly lacked, so that a judge can quickly check whether the evidence is complete. And for the existing evidence, prompting a corresponding evidence examination rule so that a judge can quickly examine whether the existing evidence is legal by referring to the evidence examination rule. And further, the time required by the judge to review the evidence is greatly saved, and the case piece auditing efficiency is further improved.
Corresponding to the embodiment of the method for guiding case examination, the application also provides an embodiment of a device for guiding case examination.
Referring to fig. 4, a block diagram of an apparatus for guiding case examination according to an embodiment of the present application is shown, where the apparatus may be applied to a server, and as shown in fig. 4, the apparatus may include: document acquisition unit 110, fact recognition unit 120, search unit 130, guide information generation unit 140, and push unit 150.
And the document acquiring unit 110 is used for acquiring the legal documents of the cases to be processed.
For cases before court trial, the legal documents can comprise prosecution documents and answer forms; for cases after court trial, the legal documents may include prosecution documents, answers, court trial notes.
And the fact identification unit 120 is used for identifying the case fact of the case to be processed according to the legal documents.
If the case to be processed is a case which is not subject to court trial, identifying the case fact of the case to be processed according to the prosecution book (or the prosecution state) and the answer state; and if the case to be processed is a case which is already treated in the court, identifying the case fact of the case to be processed according to the prosecution book (or the prosecution shape), the answer shape and the court trial record.
In one embodiment of the present application, case facts may be identified by machine learning algorithms to legal texts.
A searching unit 130, configured to search for justice related information associated with case facts of the case to be processed from a pre-established knowledge base.
The related trial information is information which needs to be found out or be based on when the case is tried. The related information of examination in the knowledge base is the information which is found according to or needed to be found when the fact of a case related to a large number of cases under the same case is examined and summarized and the case fact corresponding to the case is examined.
If the case to be treated is a case which is not subject to court trial, the related information of the trial and error obtained from the knowledge base can comprise evidence information and question questions, and the evidence information can comprise evidence texts and evidence examination rules related to the case. If the case to be processed is a court trial case, the trial-related information obtained from the knowledge base may include evidence information, a point of dispute, a rule of referee, and applicable laws.
And the guiding information generating unit 140 is configured to obtain the trial guiding information according to the trial related information corresponding to the case to be processed.
And the trial guidance information is used for prompting the trial process of the case to be processed.
In one embodiment of the application, the case generation at different stages has different trial and error information.
For cases which are not in court trial, the trial guidance information comprises fact finding guidance information and court trial inquiry guidance information. Wherein the fact finding guide information comprises case facts and evidence information; the court trial inquiry guidance information comprises inquiry questions corresponding to the case.
In a preferred embodiment of the present application, a case may include a plurality of different case facts, all the corresponding query questions are searched from the knowledge base for each case fact, and then all the query questions corresponding to all the case facts of the case are merged in the same category to obtain court trial query guidance information, i.e., query outline reference.
For cases which have undergone court trial, the trial guidance information thereof includes fact finding guidance information and referee guidance information. The referee guide information includes a dispute focus, and referee rules and applicable laws corresponding to the dispute focus. The fact finding guidance information at this stage includes case facts and evidence information, but the case facts after court trial and the case facts before court trial may be different, and the evidence information searched from the knowledge base may also be different due to the fact that the case facts are different.
And the pushing unit 150 is used for pushing the trial and error guidance information associated with the case to be processed.
And pushing the examination and management guidance information of the case to the client so that the judge can process the case to be processed according to the examination and management guidance information.
The device for guiding case jurisdictions provided by the embodiment identifies and obtains the case fact of the case according to the legal documents of the case to be processed, and then searches for jurisdictional related information corresponding to the case fact from the knowledge base. And acquiring trial and administration guidance information according to the trial and administration related information corresponding to the case to be processed, and pushing the trial and administration guidance information corresponding to the case to be processed. The trial guidance information provides relevant information required by a judge for reviewing the case to be processed, for example, before court trial, the trial guidance information can provide relevant information for the judge to conduct court trial; after court trial, the trial guidance information can provide the judge-related information for the judge. Greatly reduces the work load of officers in paper marking and improves the case management efficiency.
Referring to fig. 5, a block diagram of another device for guiding case examination according to an embodiment of the present application is shown, where the device may further include, based on the embodiment shown in fig. 4:
an evidence obtaining unit 210, configured to obtain existing evidence of the case to be processed from the case evidence text.
The existing evidence is the evidence which is obtained at present for the case to be treated; this existing evidence can be obtained from case evidence text.
The evidence comparing unit 220 is configured to compare the evidence in the evidence information with the existing evidence to obtain the evidence to be supplemented.
The evidence corresponding to the case fact of the case to be processed, which is obtained from the knowledge base, can be used as the due evidence of the case to be processed, and the existing evidence and the due evidence of the case to be processed are compared, so that the evidence which is contained in the due evidence but not contained in the existing evidence is obtained, and the evidence may be evidence which needs to be supplemented to the case to be processed, and is called as the evidence to be supplemented.
The first prompting unit 230 is configured to prompt that the evidence to be supplemented is missing.
The law practitioner is prompted that the case to be processed may lack the evidence to be supplemented, the prompting mode may be prompting information, or the evidence to be supplemented is directly highlighted in the due evidence, which is not limited in the present application. In addition, the evidence to be supplemented may be prompted to be supplemented, reconnaissance or submitted by the relevant entity or party.
And the second prompting unit 240 is used for displaying the evidence review rule corresponding to the target evidence.
The evidence information obtained from the knowledge base comprises evidence examination rules corresponding to the evidence. The evidence examination rule is used for prompting an evidence examination mode and guiding a judge to examine whether each existing evidence is legal or not. For example, when a user clicks on evidence associated with the case fact in the fact finding directions, the user may be further presented with evidence review rules to which the evidence corresponds, so that the judge may clarify the review rules for the evidence.
For cases which are not subjected to court trial, the device provided by the embodiment can automatically identify the case facts of the case according to the legal documents of the case, and search evidence information and ask questions from the knowledge base according to the case facts; finding fact finding guide information based on the evidence information, and finding court trial inquiry guide information based on the inquiry question. And finally pushing the fact finding guide information and the court trial inquiry guide information. The judge can quickly determine the case fact of the case by referring to the fact finding guide information and quickly finish the inquiry outline work of the court trial inquiry. By utilizing the device, the examination paper reading workload of a judge can be reduced, a large amount of time is saved, and the case examining efficiency is improved.
The device for guiding case examination comprises a processor and a memory, wherein the document acquisition unit, the fact identification unit, the search unit, the guiding information generation unit, the push unit, the evidence acquisition unit, the evidence comparison unit, the first prompt unit, the second prompt unit and the like are all stored in the memory as program units, and the processor executes the program units stored in the memory to realize corresponding functions.
The processor comprises a kernel, and the kernel calls the corresponding program unit from the memory. The kernel can be provided with one or more than one, and the examination and management guide information for guiding the legal practitioner to examine and manage the case is generated and pushed by adjusting the parameters of the kernel.
The memory may include volatile memory in a computer readable medium, Random Access Memory (RAM) and/or nonvolatile memory such as Read Only Memory (ROM) or flash memory (flash RAM), and the memory includes at least one memory chip.
An embodiment of the present invention provides a storage medium, on which a program is stored, and the program, when executed by a processor, implements the method for guiding case examination.
The embodiment of the invention provides a processor, which is used for running a program, wherein the method for guiding case examination is executed when the program runs.
The embodiment of the invention provides equipment, which comprises a processor, a memory and a program which is stored on the memory and can run on the processor, wherein the processor executes the program and realizes the following steps:
acquiring a legal document of a case to be processed;
identifying and obtaining the case fact of the case to be processed according to the legal documents; searching related auditing information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the related auditing information is information which needs to be found out or is required to be based on when the case is audited;
obtaining trial and error guide information according to the trial and error related information corresponding to the case to be processed, wherein the trial and error guide information is used for prompting the trial and error process of the case to be processed;
pushing the trial and error guidance information associated with the case to be processed.
In a possible implementation manner of the application, the case to be processed is a case which is not subject to court trial, and the related information of the trial comprises evidence information and a question;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information and inquiry questions from auditing related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guide information;
and obtaining court trial inquiry guide information according to the inquiry questions.
In a possible implementation manner of the present application, the obtaining of court trial inquiry guidance information according to the inquiry question corresponding to the case fact of the case to be processed includes:
and classifying all inquiry questions corresponding to all case facts of the case to be processed according to the question types to obtain each question type and corresponding inquiry questions as the court trial inquiry guide information.
In one possible implementation manner of the application, the case to be processed is a case which is already treated in a court trial;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information, a dispute focus, a judgment rule and applicable laws from trial related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guiding information;
and obtaining referee guide information according to the dispute focus, the referee rule corresponding to the dispute focus and the applicable law.
In one possible implementation manner of the present application, the evidence information includes an evidence; the legal documents comprise case evidence texts corresponding to the cases to be processed;
the method further comprises the following steps:
acquiring the existing evidence of the case to be processed from the case evidence text;
comparing the evidence in the evidence information with the existing evidence to obtain evidence to be supplemented;
and prompting that the evidence to be supplemented is missing.
In a possible implementation manner of the present application, the evidence information further includes an evidence review rule corresponding to the evidence; the method further comprises the following steps:
and prompting the evidence examination rule corresponding to the evidence contained in the evidence information.
In a possible implementation manner of the present application, if the case to be processed is a case that is not subject to court trial, the legal documents include a prosecution document and an answer form;
and if the case to be processed is the case which is already subjected to the court trial, the legal documents comprise the prosecution document, the answer form and the court trial record.
The device herein may be a server, a PC, a PAD, a mobile phone, etc.
The device can automatically identify the case fact of the case to be processed, so that a law practitioner can quickly know the case fact of the case to be processed. And the device can also generate the case fact generation auditing guide information and push the case fact generation auditing guide information to the client. The judge examines the case under the guidance of the examination guide information, so that the examination workload of the judge is greatly reduced, and the examination efficiency of the case is improved.
The present application further provides a computer program product adapted to perform a program for initializing the following method steps when executed on a data processing device:
acquiring a legal document of a case to be processed;
identifying and obtaining the case fact of the case to be processed according to the legal documents; searching related auditing information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the related auditing information is information which needs to be found out or is required to be based on when the case is audited;
obtaining trial and error guide information according to the trial and error related information corresponding to the case to be processed, wherein the trial and error guide information is used for prompting the trial and error process of the case to be processed;
pushing the trial and error guidance information associated with the case to be processed.
In a possible implementation manner of the application, the case to be processed is a case which is not subject to court trial, and the related information of the trial comprises evidence information and a question;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information and inquiry questions from auditing related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guide information;
and obtaining court trial inquiry guide information according to the inquiry questions.
In a possible implementation manner of the present application, the obtaining of court trial inquiry guidance information according to the inquiry question corresponding to the case fact of the case to be processed includes:
and classifying all inquiry questions corresponding to all case facts of the case to be processed according to the question types to obtain each question type and corresponding inquiry questions as the court trial inquiry guide information.
In one possible implementation manner of the application, the case to be processed is a case which is already treated in a court trial;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information, a dispute focus, a judgment rule and applicable laws from trial related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guiding information;
and obtaining referee guide information according to the dispute focus, the referee rule corresponding to the dispute focus and the applicable law.
In one possible implementation manner of the present application, the evidence information includes an evidence; the legal documents comprise case evidence texts corresponding to the cases to be processed;
the method further comprises the following steps:
acquiring the existing evidence of the case to be processed from the case evidence text;
comparing the evidence in the evidence information with the existing evidence to obtain evidence to be supplemented;
and prompting that the evidence to be supplemented is missing.
In a possible implementation manner of the present application, the evidence information further includes an evidence review rule corresponding to the evidence; the method further comprises the following steps:
and prompting the evidence examination rule corresponding to the evidence contained in the evidence information.
In a possible implementation manner of the present application, if the case to be processed is a case that is not subject to court trial, the legal documents include a prosecution document and an answer form;
and if the case to be processed is the case which is already subjected to the court trial, the legal documents comprise the prosecution document, the answer form and the court trial record.
As will be appreciated by one skilled in the art, embodiments of the present application may be provided as a method, system, or computer program product. Accordingly, the present application may take the form of an entirely hardware embodiment, an entirely software embodiment or an embodiment combining software and hardware aspects. Furthermore, the present application may take the form of a computer program product embodied on one or more computer-usable storage media (including, but not limited to, disk storage, CD-ROM, optical storage, and the like) having computer-usable program code embodied therein.
The present application is described with reference to flowchart illustrations and/or block diagrams of methods, apparatus (systems), and computer program products according to embodiments of the application. It will be understood that each flow and/or block of the flow diagrams and/or block diagrams, and combinations of flows and/or blocks in the flow diagrams and/or block diagrams, can be implemented by computer program instructions. These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, embedded processor, or other programmable data processing apparatus to produce a machine, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, create means for implementing the functions specified in the flowchart flow or flows and/or block diagram block or blocks.
These computer program instructions may also be stored in a computer-readable memory that can direct a computer or other programmable data processing apparatus to function in a particular manner, such that the instructions stored in the computer-readable memory produce an article of manufacture including instruction means which implement the function specified in the flowchart flow or flows and/or block diagram block or blocks.
These computer program instructions may also be loaded onto a computer or other programmable data processing apparatus to cause a series of operational steps to be performed on the computer or other programmable apparatus to produce a computer implemented process such that the instructions which execute on the computer or other programmable apparatus provide steps for implementing the functions specified in the flowchart flow or flows and/or block diagram block or blocks.
In a typical configuration, a computing device includes one or more processors (CPUs), input/output interfaces, network interfaces, and memory.
The memory may include forms of volatile memory in a computer readable medium, Random Access Memory (RAM) and/or non-volatile memory, such as Read Only Memory (ROM) or flash memory (flash RAM). The memory is an example of a computer-readable medium.
Computer-readable media, including both non-transitory and non-transitory, removable and non-removable media, may implement information storage by any method or technology. The information may be computer readable instructions, data structures, modules of a program, or other data. Examples of computer storage media include, but are not limited to, phase change memory (PRAM), Static Random Access Memory (SRAM), Dynamic Random Access Memory (DRAM), other types of Random Access Memory (RAM), Read Only Memory (ROM), Electrically Erasable Programmable Read Only Memory (EEPROM), flash memory or other memory technology, compact disc read only memory (CD-ROM), Digital Versatile Discs (DVD) or other optical storage, magnetic cassettes, magnetic tape magnetic disk storage or other magnetic storage devices, or any other non-transmission medium that can be used to store information that can be accessed by a computing device. As defined herein, a computer readable medium does not include a transitory computer readable medium such as a modulated data signal and a carrier wave.
It should also be noted that the terms "comprises," "comprising," or any other variation thereof, are intended to cover a non-exclusive inclusion, such that a process, method, article, or apparatus that comprises a list of elements does not include only those elements but may include other elements not expressly listed or inherent to such process, method, article, or apparatus. Without further limitation, an element defined by the phrase "comprising an … …" does not exclude the presence of other identical elements in the process, method, article, or apparatus that comprises the element.
As will be appreciated by one skilled in the art, embodiments of the present application may be provided as a method, system, or computer program product. Accordingly, the present application may take the form of an entirely hardware embodiment, an entirely software embodiment or an embodiment combining software and hardware aspects. Furthermore, the present application may take the form of a computer program product embodied on one or more computer-usable storage media (including, but not limited to, disk storage, CD-ROM, optical storage, and the like) having computer-usable program code embodied therein.
The above are merely examples of the present application and are not intended to limit the present application. Various modifications and changes may occur to those skilled in the art. Any modification, equivalent replacement, improvement, etc. made within the spirit and principle of the present application should be included in the scope of the claims of the present application.
Claims (10)
1. A method for guiding case management, comprising:
acquiring a legal document of a case to be processed;
identifying and obtaining the case fact of the case to be processed according to the legal documents; the case facts are legal facts and legal events which influence the change of the legal relationship;
searching related auditing information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the related auditing information is information which needs to be found out or is required to be based on when the case is audited;
obtaining trial and error guide information according to the trial and error related information corresponding to the case to be processed, wherein the trial and error guide information is used for prompting the trial and error process of the case to be processed; if the case to be processed is a case which is already in court trial, the trial guidance information comprises fact finding guidance information and referee guidance information; if the case to be processed is a case which is not subject to court trial, the trial guidance information comprises fact finding guidance information and court trial inquiry guidance information;
pushing the trial and error guidance information associated with the case to be processed.
2. The method as claimed in claim 1, wherein the case to be treated is an unapproved case, and the trial related information includes evidence information and a question;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information and inquiry questions from auditing related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guide information;
and obtaining court trial inquiry guide information according to the inquiry questions.
3. The method as claimed in claim 2, wherein said obtaining court trial query guidance information according to said query questions corresponding to case facts of said case to be processed comprises:
and classifying all inquiry questions corresponding to all case facts of the case to be processed according to the question types to obtain each question type and corresponding inquiry questions as the court trial inquiry guide information.
4. The method as claimed in claim 1, wherein the case to be treated is a court tried case;
obtaining trial and error guidance information according to the trial and error related information corresponding to the case to be processed comprises the following steps:
acquiring evidence information, a dispute focus, a judgment rule and applicable laws from trial related information corresponding to case facts of the case to be processed;
establishing association between the evidence information and case facts of the case to be processed to obtain fact finding guiding information;
and obtaining referee guide information according to the dispute focus, the referee rule corresponding to the dispute focus and the applicable law.
5. The method according to claim 2 or 4, wherein the evidence information comprises evidence; the legal documents comprise case evidence texts corresponding to the cases to be processed;
the method further comprises the following steps:
acquiring the existing evidence of the case to be processed from the case evidence text;
comparing the evidence in the evidence information with the existing evidence to obtain evidence to be supplemented;
and prompting that the evidence to be supplemented is missing.
6. The method of claim 5, wherein the evidence information further comprises evidence vetting rules corresponding to the evidence; the method further comprises the following steps:
and prompting the evidence examination rule corresponding to the evidence contained in the evidence information.
7. The method of claim 1, wherein the legal documents include prosecution documents and answers if the case to be treated is an unlawn case;
and if the case to be processed is the case which is already subjected to the court trial, the legal documents comprise the prosecution document, the answer form and the court trial record.
8. An apparatus for directing the management of a case, comprising:
the document acquiring unit is used for acquiring the legal document of the case to be processed;
the fact identification unit is used for identifying and obtaining the case fact of the case to be processed according to the legal document; the case facts are legal facts and legal events which influence the change of the legal relationship;
the searching unit is used for searching trial and error related information associated with case facts of the case to be processed from a pre-established knowledge base, wherein the trial and error related information is information which needs to be found or is required to be based on when the case is trial and error;
the guiding information generating unit is used for obtaining trial and error guiding information according to the trial and error related information corresponding to the case to be processed, and the trial and error guiding information is used for prompting the trial and error process of the case to be processed; if the case to be processed is a case which is already in court trial, the trial guidance information comprises fact finding guidance information and referee guidance information; if the case to be processed is a case which is not subject to court trial, the trial guidance information comprises fact finding guidance information and court trial inquiry guidance information;
and the pushing unit is used for pushing the trial and error guide information associated with the case to be processed.
9. A storage medium having a program stored thereon, wherein the program, when executed by a processor, implements the method of directing case scrutiny of any of claims 1 to 7.
10. A processor for executing a program, wherein the program when executed performs the method of directing case inspection of any of claims 1 to 7.
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| 河北法院智审1.0***的开发和应用;李建立;《原创力文档：https://max.book118.com/html/2017/0628/118666943.shtm》;20170628;第1-7页：第7页 * |
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| CN110246063A (en) | 2019-09-17 |
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