The Procedure Standardization Construction Of Off-spot Law Enforcement Of Traffic Police

The vehicles in China’s large and medium-sized cities tend to be saturated.The conflicts among pedestrians,vehicles and traffic infrastructure,in some cities,are aggravating.The traffic police law enforcement and street law enforcement models can no longer adapt to the pace of city’s management in the process of modernization.Therefore,the emergence of "science and technology + administration" law enforcement provides new measure and choice for traffic management department to conduct off-site law enforcement,tremendously increasing the efficiency of traffic police in road management,investigation and punishment of illegal acts.In this way,it meets the requirements of delicacy and efficiency administrative management in modernization and stays committed to "New Generation of Artificial Intelligence Development Plan",which proposes artificial intelligence should play a role in government governance and social services.This paper introduces the evolution of the academic concept and general procedures of traffic police’s off-site law enforcement at the beginning.Moreover it delineates the off-site law enforcement procedures as a special formation in traditional administrative procedures,rather than an independent procedures.Meanwhile,it introduces the analytical approach to the theory of administrative process,as well as elaborates the feasibility and necessity of the approach,so as to set "periodic" the off-site law enforcement procedures from the perspective of the theory.Secondly,from the perspective of the theory,taking the controversial case of the off-site law enforcement procedure of the traffic police in realistic as the starting point,this paper divides the enforcement procedure into different steps.To a certain extent,these risks restrict the standardization of traffic police’s off-site law enforcement procedures.Specifically,the risks in the preliminary preparation mainly refer to the setting and verification of monitoring equipment.The mid-term law enforcement still exists risks such as formalized evidence review,insufficient provisions on notification procedures and compressing counterparties’ rights;The later stage of relief also exists problem that the counterparty’s capacity of providing evidence can’t lower than the price-performance ratio of relief and so on.Here are the main reasons for these problems : the legal norms of traffic police’s off-site law enforcement procedures haven’t formed a completely and systematically procedural framework.As the results,the rights of illegal counterparties are not fully protected in the process of procedure implementation,"technical subjects" cause management chaos,the burden of proof and the authenticity of evidence content exist doubts,the punishment is rigid and other root reasons.So,to resolve the root problems in order to make the traffic policy’s off-site law enforcement procedures play a balanced role in traffic management departments and administrative counterparts is still an urgent issue that needs to be discussed.In the section of procedural standardization suggestions,the basic requirements of the procedure should be firstly clarified,and then the procedural construction should be completed step by step.In the basic requirements,it is proposed that the construction of procedures should embrace the three principles of procedural propriety,strict rules for excluding illegal evidence,and avoiding abuse of discretion.Furthermore,in the construction of the "periodic" procedure,it is proposed to refine the procedural rights of the counterparty,standardize the installation of monitoring equipment,increase the intensity of the law on punishment for violations,add notification steps and uphold the counterparty’s rights to state and defend.The final stage of relief refers to using technology to assist the process,pursue the expert team to conducting technical review,implementing the judicial review model and innovating the ways of "online plus" intelligent relief.