Research On "Offsite Enforcement" Of Law On Road Traffic Safety

Public traffic management is an important constituent part in national administrative management.It is directly related to life and property safety in economic development,social stability and trip.As an innovative law enforcement mode in traffic management,offsite law enforcement is good for realizing law enforcement fairness,reducing traffic accidents and providing case detection evidence.However,it still has lots of problems,including shortage of legal system,irregular law enforcement procedures,and imperfect juridical rescue system.In this paper,the author planned to introduce the concept,features,procedures and roles of offsite law enforcement in public traffic management,and analyzed prominent problems in law enforcement practice and causes for these problems,By introducing and comparing with the application of overseas offsite law enforcement and combining with reflection and comprehension on the author's work,the author proposed the countermeasures,opinions and suggestion on perfecting offsite law enforcement in Chinese pubic traffic management.In chapter one,the author comprehensively introduced the basic connotations,categories and applicable range of offsite law enforcement in public traffic management.By comparing with the scene law enforcement,the author summarized offsite law enforcement features and practical significance of pubic traffic management.At the same time,the author elaborated offsite law enforcement origin from legal property,legal basis and legislative history and conducted the systematic analysis for legality of offsite law enforcement.In addition,the author also enumerated and summarized traffic management status of offsite law enforcement principles in UK,Germany,USA,Singapore,France and Korea in this chapter,analyzed strong openness,strong enforceability,emphasis on education and light punishment,meticulous legislation,and accurate and complete punishment in overseas offsite law enforcement.This forms the excellent reference role on Chinese offsite law enforcement development.In chapter two,the author focused on elaborating existing problems and causes in the current offsite law enforcement,including shortage of legislative implementation,irregular law enforcement of administrative subjects,imperfect juridical rescue system,inherent defects of monitoring equipment,and management defects.In irregular law enforcement,the author mainly analyzed common informative non-performance procedure and violation of statutory punishment principle.In inherent defects of monitoring equipment,the author pointed out objective accurate defects in the existing monitoring equipment,non-strict verification process,unscientific monitoring facility setting,and imperfect traffic label setting.In chapter 3,the author analyzed main practice and advantages in overseas offsite law enforcement and proposed the concept to perfect offsite law enforcement from six aspects:(1)to modify and perfect relevant laws and regulations of offsite law enforcement and define legal status of offsite law enforcement in Road Traffic Safety Law;(2)to perfect information collection system of motor vehicles and drivers and further enrich and refine the current informative mechanism to realize informative standard procedures and safeguard rights of party involved;(3)to emphasize that offsite law enforcement should conform to the proportional principle and rationally stipulate the range of offsite law enforcement,run through and timely correct principles of violation,create measures of convenience for people to standardize public power and promote law enforcement standardization;(4)to intensify superior supervision strength,reinforce type-in auditing of illegal evidence,construct opposite appealing disposal mechanism,intensify administrative supervision and avoid from denial of justice;(5)to perfect right rescue and realize fair value by improving administrative lawsuit efficiency,defining principles for trial of cases,and perfecting administrative review procedures;(6)perfect equipment functions,improve setting modes,improve traffic labels,and unify verification standards of offsite law enforcement,so as to reinforce offsite law enforcement hardware construction;(7)to rationally use electronic monitoring,create the offsite law enforcement mode,promote progress of traffic management mode,and promote construction of civilized cities.