The automatic monitoring method in environmental administrative law enforcement is a new model widely used in China and a general trend of environmental supervision and law enforcement in the future.However,currently,both national regulations and local norms are fragmented and inconsistent.Under the background of the"Administrative Punishment Law"revised in 2021,it is urgent to generate a unified system of environmental off-site administrative law enforcement regulations around the"electronic technology monitoring"clause of Article 41.From its four aspects of evidence,subject,procedure,and punishment,automatic environmental monitoring has posed new changes to administrative law enforcement.First,on the subject,the emergence of new subject third-party service agencies will bring new"third party law enforcement obligations"and other co-governance issues.Secondly,procedurally,the administrative law enforcement process needs to be re-engineered compared to the manual era to protect the rights of administrative counterpart.Third,"data distortion"and the probative power of law enforcement evidence in the era of automatic monitoring make manual"double review"a necessary requirement.Fourth,the three types of automatic monitoring data must be identified as illegal in terms of penalties and liabilities.Finally,the intensity of law enforcement needs to be reduced in the massive amount of automatic monitoring data.In short,in the new era of automatic environmental monitoring,evidence,subjects,procedures,and penalties must consider the rebalancing of the rights and interests of the administrative counterpart-the enterprise.The conclusions from the four aspects of evidence,subject,procedure,and punishment respond to environmental automation supervision,and are often applicable to many common problems in automated administrative law enforcement in China.
关键词
环境自动化执法/第三方服务机构/数据失真/非现场执法程序/执法强度
Key words
environmental automated law enforcement/third-party service agencies/data distortion/off-site law enforcement procedures/law enforcement intensity
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