Traffic Police Off-site Law Enforcement Optimization Path

Traffic police off-site law enforcement has existed and developed in China for more than 20 years.It has witnessed the rapid development of China’s road traffic management field from the "scientific and education strong police" strategy that initially added scientific and technological elements to the concept of "smart transportation" integrated into 5G,big data analysis and other technologies.At the same time,from Article 114 of the Road Traffic Safety Law promulgated in 2003 to Article 41 of the newly revised Administrative Punishment Law in 2021,off-site law enforcement by traffic police has also built a normative system from principled provisions to gradually refined.Although the off-site law enforcement of traffic police,with its objective,efficient and easy-to-operate characteristics,reduces the number of police visits by law enforcement personnel,which greatly improves the efficiency of investigating and punishing violations of laws.However,in the process of science and technology to assist administrative law enforcement,the problems existing in off-site law enforcement of traffic police at the institutional,practical and technical levels have gradually emerged.Drawing on advanced foreign experience,this paper proposes an optimization path for off-site law enforcement of traffic police from the perspective of administrative law in view of existing problems,hoping to contribute to the optimization and upgrading of off-site law enforcement of traffic police.The first part introduces the general theory of off-site law enforcement by traffic police.Taking off-site law enforcement as the starting point,this paper defines the off-site law enforcement of the traffic police from three aspects: connotation,characteristics,and analysis of concepts related to secret law enforcement and automated administration.Finally,it points out the necessity of off-site law enforcement of the traffic police,laying the theoretical foundation for the development of the full text.The second part expounds the current situation of off-site law enforcement by traffic police.This part analyzes from two aspects: on the one hand,the current legal norms of off-site law enforcement of traffic police,the author sorts out and summarizes relevant laws,administrative regulations,departmental rules,administrative normative documents,etc.;on the other hand,for the operation status of off-site law enforcement of traffic police,this article sorts out the operation process of off-site law enforcement of traffic police.The flowchart of its and on-site law enforcement is compared,and the current technical means of off-site law enforcement by traffic police are summarized,which provides a realistic basis for the following suggestions,analysis and problems.The third part puts forward and analyzes the existing problems of off-site law enforcement by traffic police from the perspective of institutional,practical and technical.First of all,at the institutional level,the off-site law enforcement of traffic police conflicts with the principle of rights protection,the principle of combining punishment and education,and the principle of narrow proportionality.Secondly,at the practical level,there are loopholes in the off-site law enforcement of the traffic police in both entity and procedural elements,which are manifested in the fact that some law enforcement entities do not have the subject qualification,illegal acts and responsible subjects are difficult to unify,improperly perform thenotification procedures,the statements of administrative counterparts are easy to be compressed,and evidence recognition is too dependent on algorithmic technology..Finally,at the technical level,there are defects in the existing off-site law enforcement facilities of the traffic police,which are manifested in the insufficient standardization of law enforcement facilities and the difficulty in accurately identifying the actual driver with monitoring equipment.The fourth part puts forward corresponding optimization paths for the existing problems of off-site law enforcement by traffic police.First of all,it is necessary to solve the contradiction between the principle of off-site law enforcement and administrative punishment of traffic police in the institutional path.By drawing on relevant foreign experience,it is proposed to add a special off-site law enforcement system for traffic police.Secondly,in the practical path,we should strictly follow the legal requirements of off-site law enforcement by the traffic police,specifically to standardize the qualifications of law enforcement personnel,reasonably determine the punishment object,strictly abide by the notification procedure,strengthen the listening procedure,and strictly enter and review procedures for illegal evidence.Finally,in the technical path,it is necessary to complete the off-site law enforcement electronic facilities of the traffic police,specifically to standardize the off-site law enforcement facilities of the traffic police,and improve scientific and technological means to empower traffic police to enforce off-site law.