Study On The Application Of Automated Administrative Penalties In The Field Of Traffic Control

Administrative rule of law construction has triggered an important paradigm shift due to the development of technology and the expansion of application scope,and the road traffic management field has also ushered in the era of automated law enforcement.As an administrative field closely related to the rights and interests of the people,road traffic management,with its large volume and wide scope,has become a visualization trend for the development of this field by integrating automated technology to assist law enforcement.Under this law enforcement model,automation technology is widely used in all stages of administrative law enforcement,and the efficiency of law enforcement has been improved and the effect of law enforcement is leaping to the automatic implementation of the whole administrative procedure.Technology-driven administrative law enforcement brings opportunities but also creates many problems and risks,which leads to limited remedies for the administrative counterparts and great damage to their procedural rights,and also seriously infringes on the substantive rights of administrative counterparts.Therefore,the author takes the field of road traffic management,which has a wide range of application,fundamental function and key status of automation technology as the research perspective,and based on the premise that technology practice sometimes precedes specific legal provisions and jurisprudence research,uses case study,normative analysis and other research methods,returns to specific practice,explores the application of automated administrative penalties,puts forward some optimization suggestions.The main contents of this paper are as follows:In the first part,the analysis focuses on the salient problems in the current practice of applying the automated administrative penalty enforcement model in the field of traffic management.Taking the current judicial situation and empirical cases as the research perspective,the existing problems are analyzed in accordance with the stages of administrative acts of pre-procedure,process and follow-up,with the enforcement procedure and technology application as the two major branches.In terms of law enforcement procedures,combining the characteristics of the application of automation technology in the field of traffic management,we discuss the substantive problems of compressing the right of statement and defense by instantaneousness and automation,formalizing the audit procedure by vagueness and dependence,and weakening the effectiveness of the notification system by lagging and programmed;as for the shortcomings of technology application,combining the specific stages of typical case analysis,we analyze the implied risk of cooperation between public and private subjects in the research and development stage,and the risk of algorithm in the setup stage.For the shortcomings of technology application,we analyze the risk of algorithm in the R&D stage,the problem of increasing the density of law enforcement by adding supporting equipment in the setup stage,and the contradiction of improper punishment due to the limitation of technical capability in the application stage.In the second part,the theoretical content of automated administrative punishment in the field of traffic control is mainly explained.Firstly,the automated administrative punishment in the field of traffic control is interpreted from three aspects: concept definition,legal nature and type classification.On the basis of accurate definition of relevant concepts and qualitative analysis,the typological classification of automated administrative punishment in traffic control is discussed,and the current application stage of automated law enforcement mode is clarified.Secondly,compared with the traditional administrative punishment mode,the value of the automated administrative punishment mode in traffic control field is explained to improve the efficiency of traffic control department enforcement,reduce the cost of traffic control department enforcement,strengthen the effect of traffic control department enforcement,and integrate the advantageous resources of multiple parties.The elaboration of the realistic values is a prerequisite for the subsequent improvement path.Finally,the principles of due process of law,proportionality,combination of punishment and education,and the principle of risk prevention in the technical field are discussed in detail as the main principles on which the improvement path is based.In the third part,the improvement path of the application of automated administrative penalties in the field of traffic control is proposed.Specifically,two paths are developed from procedural control and technical control.Firstly,through measures such as multi-channel correction of the right of statement and defense,multi-level materialization of the audit procedure and all-round implementation of the effectiveness of the notification system,some of the procedures are simplified or hollowed out;secondly,the construction of the system related to the calculation of laws and regulations,the scientific setting of automated law enforcement supporting equipment and the sound technical defense mechanism are adopted to deal with the stage risks arising from the application of technology.