Research On The Off-site Law Enforcement Procedures For Traffic Administrative Penalties

The off-site law enforcement procedure for traffic administrative penalties refers to the steps,sequence,time limit,and methods that the public security traffic management department should follow in the field of road traffic management,based on the records of electronic technology monitoring equipment,to collect evidence,and use information network technology to impose administrative penalties on the parties involved in administrative violations.Since the occurrence of the "Du Baoliang case" in 2005,the relevant procedural issues exposed in the application of the off-site law enforcement mode in traffic administrative penalties have been hotly debated in the academic community.There has been a continuous voice for separate legislation or the establishment of a separate set of administrative procedures for the off-site law enforcement mode.Article 41 of the newly revised Administrative Penalty Law in 2021 added the type of non on-site law enforcement procedure,which includes legal requirements for collecting fixed illegal facts using electronic technology monitoring equipment,identifying electronic evidence,and timely informing parties of illegal facts.It also provides general provisions on relevant content.However,the newly revised Administrative Penalty Law itself still does not provide specific and clear provisions on important procedural elements such as steps,sequence,time limit,and methods that should be followed when using the off-site law enforcement mode for administrative penalties.In terms of off-site law enforcement practices for traffic administrative penalties,it is not uncommon for illegal infringement issues to arise due to non-standard law enforcement procedures and abstract macro legal basis,which has a negative impact on the construction of a rule of law government and the protection of the rights of individuals.In the context of the newly revised Administrative Penalty Law,this article aims to understand the development and current situation of non on-site law enforcement procedures for traffic administrative penalties.Focusing on the main links of non on-site law enforcement procedures for traffic administrative penalties,it points out the illegal infringement problems caused by unclear and unclear procedural provisions in each link.Based on analyzing the reasons for the problems caused by illegal infringement,it grasps the non on-site law enforcement procedures and ordinary procedures The essential difference between simplified procedures is to innovatively propose the basic principles of special procedural systems that should be followed in non on-site law enforcement procedures for traffic administrative penalties,and further improve the specific procedural system of non on-site law enforcement procedures for traffic administrative penalties from the perspective of procedural legitimacy to specifically respond to illegal infringement issues caused by procedural defects,and further promote the development and improvement of the non on-site law enforcement procedural system for traffic administrative penalties,Strengthening the legitimacy of procedures plays an important role and mission in administrative penalties,promoting lawful administration,and enhancing rights protection.