Research On Law Regulation Of Off-site Law Enforcement In Road Traffic Management

Off-site law enforcement in the field of road traffic management is a kind of law enforcement means for the Public Security Traffic Management Department to investigate and punish illegal traffic acts according to the standards of administrative punishment,based on the records of electronic technology monitoring equipment and information network technology,is the current semi-automatic administration of a manifestation.With the rapid increase in the number of private cars and the increasing complexity of public traffic,off-site law enforcement,as a new law enforcement mode of road traffic management,has been put into large-scale use and promoted.In2005,the “Dubaoliang case”caused the discussion on how to define off-site law enforcement and whether it is legal,at present these two problems have been solved.At present,off-site law enforcement has some problems in informing procedure,statement and Defense Procedure,qualification of audit personnel,law enforcement equipment,and reporting procedure of the masses.Besides procedural issues,off-site law enforcement also has some controversial issues such as too fast automation process,improper penalty density and violation of administrative law principles.In2020,lawmakers amended the rules on procedures for handling road traffic safety violations,and the 2021 enacted the new administrative punishment law and the new Road Traffic Safety Law of the People’s Republic of China,legal support for off-site enforcement.These amendments have gone through 15 years of academic research and summary on off-site law enforcement,but because off-site law enforcement regulations are scattered in many laws and regulations,the provisions are not comprehensive and detailed enough,in addition,the off-site law enforcement process has given rise to new problems,the law in the future development of this emerging law enforcement model to make more explicit regulation.In the future legislation,law enforcement procedures should be further improved for off-site law enforcement,semi-automatic administration should be promoted by off-site law enforcement,and penalty density in off-site law enforcement should be optimized,furthermore,the principles of administrative law,such as combining punishment with education and rational administration,are carried out in off-site law enforcement.In the development of off-site law enforcement,we can also learn from the advanced experience of the United Kingdom,Singapore and Canada,unify the marking colors of electronic monitoring equipment in our country,and optimize the traffic guidance function of electronic monitoring equipment,drones and other advanced law enforcement equipment can also be introduced to make off-site law enforcement better serve road traffic management.These not only need the support of technology and the efforts of law enforcement personnel,but also need the improvement and regulation of law.Off-site law enforcement in the field of road traffic concerns the safety of every driver and even every road traffic participant.In the future,off-site law enforcement will be under the protection of the law,to achieve greater value.