| With the rapid development of the economy and society and the continuous deepening of reform and opening up,many lawsuits have increased significantly.Some effective legal documents have not been enforced,which are called "difficult to execute" by the people.For a long time,"difficult to execute" has not only been a pain point that plagued the judicial enforcement of the people’s courts but also a hot spot that has been strongly reflected by the people and has attracted widespread attention from all walks of life.In judicial enforcement,due to subjective and objective factors such as the intricate clues to concealed property,the wide variety of ways of concealing property,the large number of enforcement cases,and the single method of investigation and control,it is often difficult for the enforcement judge to effectively identify the behavior of the person subject to execution for concealing property.How to accurately identify whether the person being executed is hiding property has become the key to solving the "difficult to execute" problem.It is also a difficulty in judicial enforcement.To further explore the screening path for the behavior of the person subject to execution,this paper relies on the National Key Research and Development Program of China "Research on refined execution technology and equipment for full-process management and control"(2018YFC0830400)to carry out research.Taking the current situation of the court as "difficult to execute" as the research background and guided by the problems and goals,this paper studies the system and model for the identification of the behavior of the person subject to execution concealing property.The purpose is to use quantitative models to assist enforcement judges in solving the problem of "difficult to execute" and help improve the quality and efficiency of enforcement work.The research content and innovation of this paper mainly include the following aspects.(1)In response to the intricacies of hidden property clues and the difficulty for judges to quickly obtain the key information of the person being enforced,the concept of user portraits is introduced into judicial enforcement.Define the person’s portrait to be executed,and construct a multi-dimensional data portrait system model of the person to be executed for the mining of hidden property clues.On this basis,the relevant feature extraction dimensions of the executed person are condensed and analyzed.The data profile objectively displays various attributes and tags of the person being executed.The execution judge can evaluate the personality and credit of the person subject to execution based on the result of the portrait,helping the execution judge quickly grasp the situation of the person being executed and improve the quality and efficiency of the execution work.(2)In response to many enforcement cases and the increasingly apparent contradictions between judges and cases,the fuzzy cluster analysis method is applied to judicial enforcement,and the data type of clustering is expanded to hesitant fuzzy linguistic information.A complete evaluation system for the concealed property of the executed is constructed,and a method for estimating the hidden property of the executed based on fuzzy cluster analysis is proposed.The executor cluster analysis example verifies the effectiveness of the evaluation system and clustering algorithm.Estimating the quantitative probability of the concealed property of the person subject to enforcement provides decision-making support for the enforcement judge to determine the focus of investigation and control and reduces judicial costs.At the same time,the disadvantages of empirical justice are avoided,and the efficiency of execution and the objectivity and scientificity of judicial decision-making is improved.(3)Aiming at the problems of a wide variety of concealment methods and inefficient retrieval methods for similar cases,the case-based reasoning method is applied to judicial enforcement.This paper establishes a multi-dimensional feature system of hidden property cases and designs a similar case extraction method based on case-based reasoning in a heterogeneous information environment.Based on CBR’s case representation ideas,the representation method of concealed property cases is given.Considering the heterogeneity of the representation form of case attribute information,a calculation model for the similarity and attribute weight of heterogeneous details such as special symbols,precise numbers,interval numbers,and hesitant fuzzy linguistic term sets is further constructed.On this basis,an extraction algorithm for similar cases of hidden property and an estimation model of hidden amount based on the similarity of heterogeneous information is proposed.It provides the execution judge with a more effective retrieval method for similar cases and assists the execution judge in identifying the hidden property of the person subject to execution.(4)Aiming at problems such as lack of methods for determining "unenforceable" cases and limited judicial resources,a plan for assessing the enforceability of the person subject to execution is proposed,and a model for assessing the enforceability of the person subject to execution is established based on the fuzzy distance measurement.Considering the limitations of the existing HFLTS distance measures that do not satisfy the directness and change the original decision information,a series of more reasonable new HFLTS distance measures are proposed,and the related properties and theorems of the new HFLTS distance measures are proved.A new HFLTS distance measure-based method for assessing the enforceability of the person being executed in a hesitant fuzzy linguistic decision environment is further proposed.Finally,the feasibility and effectiveness of the new HFLTS distance measures and evaluation method are verified through the comparative analysis of the calculation examples.The evaluation result provides a basis for the judgment of the enforcement judge to deal with the "unenforceable" case and provides a theoretical reference for the reasonable allocation of judicial resources.(5)Aiming at the problems of single concealed behavior investigation and control method and lack of analysis tools,the technical ideas for constructing a decision support system for the person’s hidden property subject to execution are proposed.The functional requirements of the decision support system were decomposed in detail.Based on the goals and principles of system design,a decision support system architecture covering the resource level,function level,and decision level was designed.The design scheme of the decision support library,such as the database,model library,method library,and knowledge base,is introduced in detail.The "one-stop" decision support platform can realize core functions such as the portrait of the person subject to execution,search for similar cases,estimation of hidden probability and enforceability evaluation,assisting the executive judge in solving the execution problem,and providing decision support for the executive judge in the trial of concealed property cases. |
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