Problems And Standardization Of Non-Site Law Enforcement Procedures By Traffic Police

Non-site law enforcement by traffic police refers to the law enforcement carried out by the public security organs responsible for the management and law enforcement of road traffic order through remote evidence collection,online punishment,and other remote non-contact methods.Compared with on-site law enforcement,non-site law enforcement by traffic police has its own characteristics,mainly reflected in non-site nature,administrative automation,and the integration of technical norms and legal norms.The basic process of non-site law enforcement by traffic police includes the setting and use of road traffic technology monitoring equipment,the processing of road traffic violations information,the notification of road traffic violations,and the punishment of road traffic violations.The main regulatory basis for non-site law enforcement by traffic police in China includes Article 114 of the Road Traffic Safety Law and relevant procedural regulations,Article 41 of the Administrative Penalty Law and relevant regulations,and so on.There are many procedural issues with the current non-site law enforcement by traffic police.In terms of the setting and use of road traffic technology monitoring equipment,the current procedural regulations for equipment setting and use are relatively general,and there are issues with the legitimacy of equipment setting and use in law enforcement practice.In terms of the processing of illegal information,there are problems with the subject and content of illegal information review.In terms of the notification of illegal information,there are insufficient guarantees for the query rights and statement defense rights of administrative counterparts.In terms of the punishment of illegal behavior,the procedure for making punishment decisions for illegal behavior is not clear,and the execution procedure for punishment decisions is also incomplete.The main reason for the above procedural problems is that the automation of the administrative approach affects traditional administrative procedures,the "black box" nature of algorithms affects administrative transparency,and automated administration weakens the role of administrative procedures.Under the non-site law enforcement mode of traffic police,with the help of artificial intelligence and relying on the embedding advantages of machine built-in algorithms,the balance between administrative public power and the private rights of administrative counterparts is disrupted,and the status of administrative counterparts is changed due to the automation of the administrative approach.China has not yet formed a unified administrative procedure law,and the legal level of non-site law enforcement procedures by traffic police only has scattered procedural regulations,which lack systematic and logical consistency and have not formed a complete procedural system.Looking ahead,China should further improve the non-site law enforcement procedures by traffic police,refine the procedural regulations for the setting and use of road traffic technology monitoring equipment,and strengthen the procedural control of equipment setting and use.It should also strengthen the procedural standardization of illegal information shooting,recording,and processing stages,strictly limit the review subjects,and clearly define the review content.In the notification stage of illegal information,it should improve the channels for safeguarding the query rights of parties concerned and fully guarantee their statement and defense rights.In the punishment stage,it should clarify the procedure for making punishment decisions for non-site law enforcement by traffic police and improve the execution procedure for punishment decisions.