Protection of Parties'Rights and Interests in off-site Law Enforcement:Based on the Perspective of Administrative Process Theory
Based on the comprehensive and dynamic perspective of administrative process theory,the study examines following problems in the procedure of off-site law enforcement:During the installment stage of equipment,the interval between the announcement and the official operation of off-site law enforcement equipment is remarkably short,the channels for announcement are too limited,and the cost of equipment deployment is excessively high.During the evidence review stage,there are delays in the review process,the burden of proof is improperly distributed,and there is inconsistency in the identification time for the same over-limit transportation behavior.During the stage of notification and listening to opinions,the parties'right to know,to make a statement and defense are not fully protected.To this end,corresponding improvement suggestions are proffered:During the initial installment stage of the equipment,the announcement period prior to the equipment's official operation should be no fewer than 30 days.This announcement should be disseminated via multiple channels,and the expenditure should be prudently managed.During the subsequent evidence review stage,it is crucial to clearly define the duration of the evidence review period,specify that the responsibility for verifying information lies with the administrative authority,and establish a unified time standard for identifying the same over-limit transportation behavior.During the stage of notification and listening to opinions,a three-tiered notification system should be established,and reasonable deadlines for submitting statements or presenting defenses should be set.
off-site law enforcementadministrative process theoryright to knowright to submit a statementright to defend oneself
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