The Electronic Police Should Follow The Principles Of Adminstrative Rationality And Publicity In The Execution Of Law

The electronic police(electronic eye) has been widely used in the traffic safty management along with the development of scientific technology which is of great help for the reduction of the traffic accidents,the enhancement of the capacity for the passage of vehicles,the relief of the traffic policemen's pressure of work,the increase of effeciency,while the evidences obtained by the application of it cause a series of dissatisfaction and argument in the punishment for the act in violation of highway code. There are sumed up three questions in the application of the electronic police:the first one is that it violates the principles of the administrative penalty law;the second one is the doubt on the capacity of the evidences in the adjective law and the punishment procedure;the third one is the doubt on the abuse of power.We can better understand the embodiment and the inner reasons for the violation of the priciples in the administrative law in the execution of traffic regulation by the electronic police according to the administrative principles of rationality and publicity when facing this new methods of execution and the legal argument about it.Established directing at the power of free appreciation,the administrative principle of rationality can be use as a standard according which we can judge whether the electronic police abuses its power of free appreciation in the execution of law which includes the factors of rational purpose,irrevelant consideration and the violation of legal object.The principle of proportion in the administrative principle of rationality means that the adminstrative organ should consider both the realization of the administative objects and the protection of rights and benefits of the relative party in the enforcement of administrative behavior,and should control the range as slight as possible the harmful influences on the relative party if this kind of influences is unavoidable to keep both of the two aspects at a suitable proportion.Therefore,the inevitable inner cause of the violation of the administrative rationality is the harm on the rights and benefits of the relative party caused by the execution of law which roots in five aspects such as the discrimination to the management objects,the unification of the management mode,the inefficiency of management capacity,the nonstandard management technology criterion and the disunity of the management methods in the case of the electronic police.The basic requirements of administrative publicity includes the publicity of the administrative decision,the process and the information according which the electronic police should open the monitoring positon,the speed limitation standard and the punishment procedure and so on in a public manner.The electronic police should reinforce the technology norm and the functional development,set up compulsory regulation on the position of its excution and the limitation of speed and conduct inovation at the punishment procedure,aming at the reduction of the infringement on the rights and benefits of the relative party during the execution of law.