| With the popularization of artificial intelligence,big data and other digital technologies,modern society is stepping into the digital era.The defining feature of the digital age is digitization.Digitization is not only a change in science and technology,but also enables the government to operate more conveniently and efficiently in a way that empowers the government with wisdom.It also brings about great changes in the governance concept,organization and governance mode of the government,resulting in the reorganization and reconstruction of the organizational structure and administrative process as well as the rebalancing of the multiple values of government governance.The power operation of modern government under the rule of law is mainly realized through administrative law enforcement.Therefore,the digitization of administrative law enforcement is one of the main and important propositions.To carry out the research on this proposition is not only the practical needs of the digital transformation of the government under the rule of law,but also the needs of the development of the theory of the rule of law of digital administration.At present,artificial intelligence,big data and other digital technologies have been applied in administrative law enforcement,and the level of coordination and integration of administrative law enforcement has been significantly improved.Automated administration,off-site law enforcement and other methods not only improve the efficiency of administrative law enforcement,but also provide more feasible paths for the multi-subject participation of administrative law enforcement.Of course,the digital application of administrative law enforcement is also a double-edged sword.The technology itself and in the application scenario will also face various risks such as algorithm black box,information leakage,degradation of law enforcement ability,new social discrimination,and so on.It is necessary to strengthen legal regulations.The digitalization of administrative law enforcement must be carried out on the track of rule of law,realizing the balance between technical rationality and rule of law rationality,fair value and efficiency value in the process of administrative law enforcement,and then moving towards the modernization of government governance.From the review of existing literature,there are many achievements in digital analysis of specific administrative behaviors such as macro analysis of government digitization,administrative punishment,and specific ways of automated administration and off-site law enforcement.However,it is rare to abstract general concepts,values and laws from specific phenomena of digitization of administrative law enforcement.The current research is still in a relatively preliminary stage,so this paper focuses on exploring the general understanding and law of digitization of administrative law enforcement this new thing,in order to guide its practical development.The idea of this paper is to further clarify the new meaning of digitization of administrative law enforcement through the elaboration of basic theoretical issues such as connotation,function and value of digitization of administrative law enforcement and the carding of the historical development of digitization of administrative law enforcement.Through the empirical analysis of the5 A plan launched by Suzhou,the digital application of long-distance road traffic law enforcement in Jinan,as well as the case analysis of some traffic off-site law enforcement in China Judicial Documents Network,the current system practice of digitized administrative law enforcement and the existing deficiencies are mastered.And further in the perspective of comparative study and system reference put forward the administrative law enforcement digital system promotion and legal regulation of the basic ideas and countermeasures.According to this idea,the chapter structure of this paper is as follows:.The first chapter is the introduction.It mainly introduces the research background,the theoretical significance and the practical significance.Through the literature review,the research status of administrative law enforcement digitalization related problems is analyzed.On this basis,this paper puts forward the idea of research and the expected innovation point,so as to give legal regulation to the digitalization of administrative enforcement in our country.Chapter two is the basic theory of digitization of administrative law enforcement.This part is divided into three perspectives: concept,function and value.In terms of concept,it summarizes the concept of digitalization of administrative law enforcement by sorting out related concepts such as digitalization and administrative law enforcement.In terms of function,digital technology is embedded in administrative law enforcement,which changes the organizational structure of the government,promotes the integrated,systematic and collaborative operation of administrative law enforcement,and provides an accessible path for multiple participation in administrative law enforcement.In terms of value,with the continuous development of digital technologies such as big data and artificial intelligence and the deep integration in the field of administrative law enforcement,there will be the pursuit of different values,such as rule of law and fairness,technology and efficiency,fairness and efficiency.While pursuing these values,balance should be emphasized.Through the three aspects of the definition of administrative law enforcement,summed up the new meaning of administrative law enforcement,to promote the development of digital theoretical understanding and practice of administrative law enforcement.Chapter three is the historical development of digitization of administrative law enforcement.This paper mainly studies the historical development of Chinese administrative law enforcement from informatization to digitization,and points out that digitization is based on informatization,but different from informatization,digitalization has the technology upgrade of informatization,more intelligent and intelligent features,compared with informatization,digitalization has a greater impact on the government governance model,even subversive.Chapter four is the practice and deficiency of digitization system of administrative law enforcement.This part summarizes and analyzes the current norms and systems related to the digitalization of administrative law enforcement in China.Taking the implementation of Suzhou 5A plan and the digitalization application of remote road traffic law enforcement in Jinan as examples,the empirical analysis is made.At the same time,relevant cases are selected through the China Judicial Documents Network to analyze the legal problems arising from the digitalization process of administrative law enforcement.It has been widely applied in more and more fields,and it has been widely agreed that digitalization can improve law enforcement efficiency.However,at the same time,there are also limitations of digital technology and digitalization,as well as insufficient understanding of the changes in government governance model,power and right relations in the process of administrative law enforcement,so it is necessary to strengthen legal regulations.The fifth chapter is the extraterritorial reference of digitization of administrative law enforcement.Through the investigation of foreign countries with representative digital development,combined with the analysis of typical cases,to understand their digital law enforcement system and law enforcement procedures,to gain experience and promote the digital development of our administrative law enforcement.Chapter six,the system promotion and legal regulation of digitized administrative law enforcement.On the basis of understanding the practice of Chinese administrative law enforcement digital system,through comparing with the foreign digital development,this paper promotes the system of rules,organization structure,responsibility distribution,law enforcement standard and so on in our digital construction,and puts forward some regulation suggestions from the legal point of view.Chapter seven,conclusion and prospect.In the conclusion and prospect of this paper,digitalization of administrative law enforcement is the process of technological enforcement of administrative law enforcement,which has brought about the improvement of administrative law enforcement efficiency and the reform of administrative law enforcement methods.However,it should be emphasized that digital technology is not omnipresent,and there are technological limitations such as algorithm black box.Digital technology should be placed under legal regulations.The excessive pursuit of efficiency may also bring harm to citizens’ rights and injustice to the information vulnerable groups.Therefore,as an important embodiment of administration by law,the digital process of administrative law enforcement must also be carried out on the track of rule of law,seeking a balance between the fairness and efficiency of administrative law enforcement between technical rationality and legal rationality,so as to promote the modernization of administrative law enforcement.This is an important embodiment of the construction of the digital rule of law government. |
