Electronic Enforcement Under The Restriction Of Cost And Efficiency

Under the background of that traffic scale is increasingly amplification and the resources of enforcement are relatively scarcity, the popularity of electronic enforcement will become an inevitable trend. From the perspective of improving the strength and saving the resources of enforcement, electronic enforcement can meet the social demand; however, it is controversial to the qualification of the e-evidence. This paper attempts to demonstrate: presumption system is an important supplement to evidential certainty, and the private enforcement made up for the inadequacy of public enforcement in the pursuit of efficiency, cost and efficiency is the basic formative causation of electronic enforcement; At the same time, the electronic enforcement can easily lead to excessive enforcement which damage the optimal enforcement, under the framework constraint of cost and efficiency, the enforcement strategy of “temper criminal policy with mercy” and “low probability-high strength” can meet the optimal enforcement. This article is divided into the following sections.PartⅠ, educe the topic of this article through a case.PartⅡ, analyze the evidential certainty combining with presumption system. The proof standard of judicature and the ability of obtaining information is relevant, the progress of science and technology have promoted the level of investigation, the presumption is an important supplement for the qualification of evidence. In the case of information technology can meet the demands of proof, the proof of costs will increased gradually as the standard of proof, when the proof activity reaches a certain point—continue to increase one unit of cost equal expected wrong penalty loss when take presumption, presumption will be expected to accord with the society. Electronic obtaining evidence relates to the camera place, the storing place and making process of multiple links, when law enforcement agencies put into proof cost to achieve the critical point, the application of presumption will be consistent with the principle of evidence law which pursuing efficiency.PartⅢ, demonstrate the legality of e-evidence combining with private enforcement system. The public choice theory reveals that the country does not bound to become a protector of civil rights, constrained in the scale of fiscal budget, the decision-making motives of government in addition to promote social welfare, but also consider to maximum the utility function of its own(including salary, honor, power, status, etc.). Private enforcement of law provides an appropriate incentives for the law enforcement agencies to use power correctly, when the legal system contains that the law executors according to their own interests to execute the law can fully meet the mechanism of legislators′ expect, will be able to guide the law enforcement agencies to enhance the enforcement efficiency and promote the social welfare at the same time.PartⅣ,on the analysis of the qualification of e-evidence can be found, the presumption and the private enforcement source in the restriction of cost and efficiency, it is also the basis of the theory of optimal enforcement. It is controversial that enforcement which put the purpose on profit for the privatization of public power, but in the long game between the law enforcement agencies and driving people, It does not evolved into disaster and beyond the social tolerance, but reach an balance between the "lax enforcement" and "abide by the law strictly ". Without diluting the legal deterrence effect, the law enforcement strategy of “low probability- high strength" can meet the requirement, the behavior of installing a large number of "electronic eyes" in reality just is the negation to the theory of optimal enforcement.