数字时代公安非现场执法的应用隔阂与冲突消解

Application estrangement and conflict resolution of public security’s off-site law enforcement in the digital era

数字时代公安非现场执法依托算法技术实现了技术赋能,并以可信算法为技术支撑,能满足执法效益、高质量执法、智慧型政府建设等应用需求,由于规范与实践的不匹配,公安非现场执法和教育与处罚相结合、权利告知、比例原则等行政原则产生一定的冲突,使得非现场执法在实践中屡受质疑,执法实效受到影响,在“权力规制与权利保护”的执法主线下,应当贯彻教育与处罚相结合原则、落实权利告知原则、恪守比例原则以消解非现场执法的应用隔阂,实现数字时代执法过程中效率、价值与公正的有机统一。

In the digital era, the public security’s off-site law enforcement relies on algorithmic technology to achieve technical empowerment, and takes the trusted algorithm as the technical support, which can satisfy the application demand of the law enforcement benefit, the high quality law enforcement, the intelligent government construction and so on.Because of the mismatch between the norms and the practice, the public security’s off-site law enforcement has produced certain conflicts with the administrative principles such as the combination of education and punishment, the notification of rights and the principle of proportionality, which make the off-site law enforcement frequently questioned in the practice, so that the effectiveness of law enforcement is affected.Under the main line of law enforcement of “power regulation and right protection”,we should carry out the principle of combining education with punishment, implement the principle of right notification, and abide by the principle of proportionality in order to eliminate the estrangement in the application of off-site law enforcement, to realize the organic unity of efficiency, value and justice in the process of law enforcement in the digital era.