非现场执法的法治化困境与规范路径

The Legal Dilemma and Standardized Path of Off-Site Law Enforcement

非现场执法因其高效、便捷的特点在行政执法领域获得了快速普及,但在广泛运用的背景下该执法手段也面临着如被监管者隐私保护、算法的有效监管等难题。因此,为了保障行政执法的合法有效运行,在运用非现场执法手段时,必须严格规范取证程序,加强算法监管,确保数据安全、算法公正透明,并建立统一的证据证明标准和执法程序。此外,还需明确非现场执法的适用范围,平衡公正与效率的关系,实现科技与法律的融合,促进非现场执法的健康发展。

Due to its high efficiency and convenience, off-site law enforcement has gained rapid popularity in the field of administrative law enforcement. However, under the background of extensive application, this law enforcement method is also facing difficulties such as protecting the privacy of the supervised and effectively supervising algorithms. Therefore, in order to ensure the legitimate and effective operation of administrative law enforcement, when using off-site law enforcement methods, it is necessary to strictly regulate the evidence collection procedures, strengthen algorithm supervision, ensure data security, algorithm fairness and transparency, and establish unified standards for evidence and law enforcement procedures. In addition, it is also necessary to clarify the scope of application of off-site law enforcement, balance the relationship between fairness and efficiency, achieve the integration of technology and law, and promote the healthy development of off-site law enforcement.