Research On Off-Site Administrative Penalties In Road Traffic

The off-site administrative penalties for road traffic are distinctly different from traditional on-site administrative penalties in administrative law practice and theory,and are a manifestation of the current semi-automated administration.article 41 of the newly revised Administrative Penalties Law of 2021 draws on the experience and core content of the established law enforcement norms and develops them.However,with the in-depth development of automated administration,from the reality of the problems caused as a starting point,the provisions have room for further refinement of the application of specific areas still exist: the basis of the law is too abstract and general,the law enforcement procedures are not standardized,the administrative counterparts do not have enough protection of remedies and other problems.Road traffic off-site administrative penalties in enhancing administrative effectiveness,but also changed the administrative organs and administrative relatives of the power distribution system,the two in the information and means and other aspects of power more uneven,the administrative relatives will be in a more passive position.To prevent the challenge of administrative due process in the process of technology-enabled administrative and to protect legitimate rights and interests of administrative counterparts,the root of the problem is to be found in the law.We should therefore strive to achieve the protection of the rights of the administrative counterpart standard no less than the the traditional application of human law,based on the concept of due process,set and improve the corresponding links to optimize the off-site administrative punishment of road traffic.Specific links include: improve the procedural rules of off-site administrative penalties,in order to protect the administrative counterpart’s legitimate rights and interests;improve the rules of evidence,from the evidence,authentication and rules of proof to regulate,improve the convincing effect of electronic evidence;sound relief mechanism for the counterpart.