“电子眼”执法存在的主要问题及对策探究
Research on the Main Problems and Countermeasures of “Electronic Eye” Law Enforcement

与传统的人工执法相比，电子眼执法这种非现场执法的方式更有利于节省警力资源，执法效率也较高。但是通过分析电子眼执法纠纷案件的裁判文书发现，在运用电子眼进行执法的过程中，由于部分行政机关及其工作人员法律意识的欠缺，以及算法黑箱问题的存在，产生了侵蚀行政相对人知情权、阻碍行政相对人行使陈述、申辩权利以及交通执法公信力低等问题。为更好发挥电子眼的作用，应当运用法律手段对其运行的各阶段进行规制，具体包括广泛公告电子眼设置相关信息、完善算法解释制度、完善电子眼执法告知程序、健全陈述申辩程序以及建立审查与监督机制等。
Compared with traditional manual law enforcement, electronic eye law enforcement, a non on-site law enforcement method, is more conducive to saving police resources and has higher law enforcement efficiency. However, by analyzing the judgment documents of electronic eye law enforcement disputes, it was found that in the process of using electronic eyes for law enforcement, due to the lack of legal awareness among some administrative agencies and their staff, as well as the existence of algorithmic black box problems, problems such as eroding the right to know of administrative counterparts, hindering them from exercising their right to state and defend, and low credibility of traffic law enforcement have emerged. In order to better play the role of electronic eyes, legal means should be used to regulate their various stages of operation, including widely announcing relevant information on electronic eye settings, improving algorithm interpretation systems, improving electronic eye law enforcement notification procedures, improving statement and defense procedures, and establishing review and supervision mechanisms.