道路交通管理非现场执法现存问题分析

Analysis of Existing Problems in Off-Site Law Enforcement of Road Traffic Management

摘要: 近年来，随着大数据、人工智能等科技的快速发展，数字技术快速融入行政活动中，自动化行政以其显著的效能优势被各国政府的行政实践和立法活动重点关注，行政执法权被部分甚至全部地交由算法规制的机器行使。在健全法治政法建设科技保障体系，全面建设数字法治政府的背景下，积极推进智慧执法，加强信息化技术、设备的配置和应用，探索推行远程监管、移动监管等。目前非现场执法已经成为交通行政管理部门有效开展工作的必备执法方式。但是非现场执法在便利行政执法的同时，暴露出非现场执法可能存在合法性以及对相对人权利的侵害等问题。对于无法通过技术更新解决的问题，有待更明确的法律制度予以规制，进一步完善非现场执法规范体系。

Abstract: In recent years, with the rapid development of big data, artificial intelligence and other technologies, digital technology has been rapidly integrated into administrative activities, and automated administration has been focused on by the administrative practice and legislative activities of various governments with its significant efficiency advantages, and the administrative law enforcement power has been partially or even fully exercised by the machine of computing law. In the context of improving the scientific and technological guarantee system for the construction of rule of law politics and law, and comprehensively building a digital rule of law government, actively promote smart law enforcement, strengthen the allocation and application of information technology and equipment, and explore the implementation of remote supervision and mobile supervision. At present, off-site law enforcement has become a necessary law enforcement method for traffic administrative departments to carry out their work effectively. However, while off-site law enforcement facilitates administrative law enforcement, it exposes problems such as the legitimacy of non-current law enforcement and the infringement of the rights of counterparties. For problems that cannot be solved through technological updating, a clearer legal system needs to be regulated, and the off-site law enforcement normative system should be further improved.