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Research On Due Process In UAV Law Enforcement In My Country

Posted on:2021-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2436330626454460Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
In recent years,the use of drones for law enforcement by administrative agencies has increased,and drones have shined in the field of social governance issues such as maintaining and maintaining road traffic order,investigating and punishing road traffic violations,and alleviating the shortage of law enforcement personnel.In particular,incidents involving the use of drones by traffic police for law enforcement frequently enter the public eye.However,the problems behind this method of law enforcement are contradicted with the rights of administrative counterparts,the idea of due process,and the principle of administrative openness.Drone law enforcement may infringe on the rights of counterparties mainly in the fields of property rights and privacy.The specific infringement behaviors are the private intrusion into the private domain to collect evidence and the disclosure of private data to the public or the improper management of non-based parties,resulting in data leakage.This article puts forward a point of view on the existing substantive law level of the nature of private law regulation(property right paradigm,privacy right paradigm)of the possible torts mentioned above,and then introduces public law restrictive measures.The regulation of drone law enforcement proposed in this article is mainly realized through the basic principles of due process of a public law nature.Due process is both a basic principle of administrative law and a constitutional legal principle,and is a kind of public law regulation at the procedural law level.The principle of due process puts forward requirements for both drone law enforcement that are proportionate and efficient,that protects citizen participation and provides legal relief,and strives to be impartial among administrative law enforcement subjects and achieve a neutral status in law enforcement.How to meet the needs of law enforcement subjects for intelligent law enforcement tools and protect the legitimate rights of counterparties? The solution path proposed in the article is that the return to law enforcement should meet the basic requirements of due process principles.The intellectualization of law enforcement should not be at the cost of abandoning procedural value.Procedural regulation not only maintains the stability of the law under the changing times,but also demonstrates the inclusiveness of the law for technological progress,which is a feasible path.In this article,the lawenforcement of drones is clearly defined as a legal act such as administrative search and administrative investigation,rather than a factual act.This issue is clarified as a problem in the field of due process.Control rights,return to the basic principles of administrative law,and provide a way of thinking for the standardization of drone law enforcement.
Keywords/Search Tags:Drone enforcement, Administrative search, Administrative investigation, Due process, Procedural discretion
PDF Full Text Request
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