Research On The Legal Issues Of Electronic Technical Surveillance Equipment Record Evidence Under The Threshold Of Administrative Punishment

With the continuous development of science and technology,off-site law enforcement has been used in a wide range of fields.The use of electronic technology monitoring equipment to obtain evidence has improved the level and efficiency of administrative law enforcement.In Article 41,it can be seen that the administrative law enforcement department has made clear provisions on obtaining evidence through electronic technology monitoring equipment,which is at the legislative level to show China ’s attitude towards off-site law enforcement.In recent years,while administrative law enforcement and science and technology are constantly running in,corresponding legal problems have also arisen.The study of electronic technology monitoring equipment forensics is not only related to whether China ’s administrative punishment activities can be carried out legally and orderly,but also related to the effective implementation of China ’s " Administrative Punishment Law." Therefore,we should start with the theoretical research of off-site law enforcement,broaden the theoretical width,and constantly improve the relevant systems and procedures in view of the actual legal problems,so as to avoid disputes in practice and improve the efficiency of law enforcement.This paper makes an in-depth study of the off-site law enforcement system through comparative analysis,empirical analysis and normative analysis.In the first part,this paper also focuses on the legal system of other countries,but in the part of the reference to the theoretical system of other countries to carry out the corresponding argument;in the second part,the status quo is elaborated from the perspectives of legislation,law enforcement,and justice.In particular,in the judicial status quo,a large number of actual cases are retrieved from the China Judgment Document Network,and they are analyzed and summarized.The third part mainly analyzes the legal problems existing in the evidence collection of electronic technology monitoring equipment in the field of traffic administrative punishment;the fourth part is to propose solutions to the legal problems in the third chapter;by citing and analyzing the legal provisions related to off-site law enforcement,this paper supports the article,and then puts forward countermeasures and suggestions to optimize the off-site law enforcement mode.This article interprets Article 41 of the revised ’ Administrative Punishment Law ’,analyzes the problems still existing in practice and proposes countermeasures,which is relatively new,and adjusts the legal system norms while taking into account the technical aspects;while ensuring that civil rights are not harmed,we should balance the relationship between the efficiency of administrative law enforcement and civil rights.For the problems that cannot be solved through other aspects such as technology in the off-site law enforcement system,it should be improved by improving the legal system to solve the problems that still exist in practice.