摘要
交警利用电子抓拍设备进行非现场执法,不仅极大地提高了行政效率,并且大幅降低了执法成本.电子抓拍设备带来便利的同时亦带来法律风险:危及行政相对人的程序参与权、电子抓拍设备出现的偏差难以被发现与纠正、以罚代管的乱象加剧.电子抓拍系统搭载的算法的黑箱性与极速性、交警非现场执法的相关制度规范的缺失、执法人员对电子抓拍设备的过度依赖是风险产生的主要原因.为防范该风险,应当明确电子抓拍设备的辅助属性,在执法程序中强化告知、听取意见、说明理由的环节以及贯彻教育与处罚相结合原则,构建第三方监督机制定期对电子抓拍设备进行审查.
Abstract
Off-site law enforcement by traffic police via electronic surveillance devices has not only significantly enhanced administrative efficiency but also substantially reduced law-enforcement expenses.While the utilization of such devices facilitates law enforcement,it may also bring a series of legal risks,including potential infringement upon the procedural participation rights of administrative counterparts,difficulties in detecting and correcting errors produced by electronic surveillance devices,and the chaotic phenomenon brought about by replacing management with penalties.The factors contributing to these risks encompass the black-box nature and high-speed of the algorithms within electronic surveillance devices,the lack or absence of relevant institutional and regulatory provisions for off-site law enforcement by traffic police,and law enforcers'excessive reliance on such devices.To prevent these risks,the ancillary nature of electronic surveillance devices should be clarified,and traffic police officers should strengthen the procedures of notification,listening to opinions,and explaining reasons during their law-enforcement activities,while upholding the principle of combining education with punishment.Additionally,a third-party supervision mechanism should be established to conduct regular appraisals of these devices.
NETL
NSTL
万方数据