Research On The Problems And Countermeasures Of Using Electroic Technology To Monitor Off-site Law Enfoecement

Electronic technology monitoring has played an important role in off-site law enforcement of administrative agencies.After the field of road traffic,China’s urban management also actively promotes off-site law enforcement methods.The digital governance under epidemic prevention and control after the new crown pneumonia outbreak is also inseparable from the use of electronic technology monitoring equipment.In 2021,the newly revised "Administrative Penalty Law" added a new column of "evidence" in Article 46,adding "electronic data",and The emphasis on the addition of Article 41-directly affirmed the administrative organs with law enforcement qualifications can,in accordance with existing laws and administrative regulations,in the absence of the parties,based on electronic data evidence,directly make administrative penalty decisions,and on the fairness of the law enforcement process,the effectiveness of evidence,the timeliness of notification,the convenience of relief,etc.make provisions.The addition of the basis of the provisions,also amounts to affirm the practical function of electronic technology monitoring and its superiority over traditional law enforcement methods.This article explores theoretically the use of electronic technology monitoring devices by administrative organs for off-site law enforcement from the aspects of the main responsibility of electronic technology monitoring and the use of electronic evidence and its probative power,and addresses the problems of abstract and general legal basis,lack of special legislation,normative law enforcement,electronic data evidence review,and insufficient protection of the rights of the relator’s remedy,etc.It also makes suggestions on innovation and improvement of electronic notification and electronic defense mechanisms for off-site law enforcement,consolidation and enhancement of the probative power of electronic data,and maintenance of the seriousness of law enforcement and the rights of the parties.