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

Off-site law enforcement of road traffic can be regarded as a combination of technology and law.This method of law enforcement is an important part of law enforcement activities.It corresponds to the theoretical path of automated administration and is a typical model of automated administration.Off-site law enforcement has practical significance in regulating administrative discretion and improving law enforcement effects in administrative applications,helping to solve valuable issues in the process of law enforcement,and making up for the shortcomings of traditional human law enforcement.The revised Administrative Punishment Law in 2021 further clarifies the legal basis for the off-site law enforcement model,injecting vitality into the development of off-site law enforcement.However,with the deep integration of technology and road traffic management,combined with the frequency of litigation,typical cases and legislative norms applicable to off-site law enforcement,although off-site law enforcement has developed rapidly in the field of road traffic practice,it still exists Some issues need to be addressed urgently.The administrative punishment procedures designed for on-site law enforcement are applied to off-site law enforcement.Due to the differences between people and technical equipment,it will lead to the transformation of procedures and the adjustment of systems and technical standards,and the relevant legislation only provides principles and needs to be further improved.refinement and perfection.These are evident in the equipment settings of off-site law enforcement,the implementation process of off-site law enforcement,and the supervision and relief of off-site law enforcement.First,the indiscriminate use of equipment leads to an imbalance in the intensity of law enforcement,its own quality problems cannot meet the corresponding technical standards,and there is a lack of public participation and the guarantee of relevant procedures when setting up equipment;The procedural rights protection of the counterparty is insufficient,and the problem of only punishment but not correction in road traffic management is prominent.Finally,the punishment behavior of off-site law enforcement has the drawback of formal review,and the device setting behavior itself cannot obtain timely and effective judicial relief.Then,to effectively respond to the legal problems existing in off-site law enforcement of road traffic,corresponding standardized countermeasures can also be put forward from the three aspects of law enforcement equipment setup,law enforcement implementation,and law enforcement supervision and relief.First,the technical standards and legal review system for equipment setting are refined,so that the law enforcement equipment setting system can be further improved.Second,increase the number of notification procedures,improve due process,and enhance the interpretability of algorithms to strengthen the protection of the procedural rights of the counterparty;in addition,the principle of correcting first and then punishment should be strictly implemented,and local normative documents should be standardized.Comprehensive research and judgments shall be made to stop persistently harmful illegal acts in a timely manner.Third,it is a feasible strategy to build a quick-handling mechanism focusing on appeals when reconsideration litigation is difficult to effectively meet the counterparty’s need for relief.Let the Supreme People’s Court open the door to the behavior of equipment installation by way of guiding cases,and clarify the suitability of the behavior of equipment installation.