Study On The Non-spot Enforcement Problem Of Road Traffic Law

In our country, the non-spot traffic law enforcement can be said to be a new wayof law enforcement, so far exsit only15years. In practice, it reveals a series ofproblems, and emerges a large number of cases and events that have aroused a widerange of social concerns, the two events this paper selected are the representativesamong them. This paper breakthroughs to the theme by "Du Baoliang Event" and"Mianyang Chest-touching Event" and focuses on the two aspects of the process andresults of the non-spot traffic law enforcement, namely "the non-spot law enforcementprocedure" and "electronic information security", under the guidance of the twooutlines the paper further analysises and discusses the administrative contract,legislation and other relevant problems, trying to have primary and secondary, tryingto be comprehensive and in-depth research on the non-spot traffic law enforcementproblems. During the analysis, this paper also introduces the non-spot traffic lawenforcement technology and other related knowledge, points out to some existingproblems in the non-spot traffic law enforcement, analyzes the reasons and presentssome possible suggestions, hoping to let more people understand and accept thenon-spot traffic law enforcement, meanwhile, face actively and prevent and solve theproblems it exsits, in order to maximize the positive function of the non-spot trafficlaw enforcement, down to the traffic to be order, administration to be efficient, humanrights to be guaranteed, and society to be harmonious.Besides the “introduction” and “conclusion”, specifically, this paper will bedivided into the following six parts to elaborate:The first part: Two events and their focuses introduction. State respectively theprofile and focus of "Du Baoliang Event" and "Mianyang Chest-touching Event". Thefocus of the former is “the non-spot traffic law enforcement procedures”, the latter’sis “the non-spot traffic law enforcement and electronic information security”.The second part: Definition of the non-spot traffic law enforcement. This partsuccessively introduce the non-spot traffic law enforcement technology, the conceptof the non-spot traffic law enforcement，its characteristics, its classifications, andcompare “the spot traffic law enforcement”,"secret law enforcement", the generalprocedure of administrative sanction with it.The third part: Legal analysis of the non-spot traffic law enforcement. This parthas discussed the necessity and its ought-to-be of the non-spot traffic law enforcement. And in the part of the ought-to-be respectively introduces "the ideal state of the ofnon-spot traffic law enforcement procedure","the nature of the electronic data" and"the responsible person should to be".The fourth part: Analysis and discussion of the two events from the legal Angle.Regarding the third part as a standard, the fourth part comments on "Du BaoliangEvent" and "Mianyang Chest-touching Event" on the whole.The fifth part: the non-spot traffic law enforcement problems the two eventsreflecting. After the comparison of the Macroscopic third part and the concrete fourthpart, find out some problems the non-spot traffic law enforcement exists, such as "theenforcement procedures problem","the enterprises’ participation increased theelectronic information security’s danger" and "the characteristics of electronic dataincreased the difficulty of information security management".The sixth part: Some countermeasures to perfect our country’s non-spot trafficlaw enforcement. According to those problems the fifth part has found, the last partputs forward some relevant countermeasures.