Instead of live-streaming law enforcement, it is better to use the law enforcement recorder well and adequately. In this regard, it is necessary to rise to the height of the administrative procedure law and make more detailed legal regulations on the use of cameras in the law enforcement process.
How to achieve fairness and justice in the delicacy of urban management? The Urban Management Law Enforcement Bureau of Zhongyuan District, Zhengzhou City tried a live webcast for the first time to show the law enforcement process to netizens. The staff of the Law Enforcement Bureau used their mobile phones to record the whole process of law enforcement. At the same time, they broadcast live video through the mobile network platform and annotated them with text, telling netizens the time and place of law enforcement and everything that happened.
With the continuous improvement of the people's concept of rule of law, democratic needs, and rights awareness, people have higher and higher expectations for law enforcement. Law enforcement officers are gradually facing higher requirements for law enforcement, not only to ensure the fairness of law enforcement entities, but also to ensure the procedural justice of law enforcement, and to promote transparent and open law enforcement, so that justice can be realized in a visible form. Only public can obtain credibility, and only credibility can continuously reduce unnecessary law enforcement costs.
It can be said that local urban management actively broadcast law enforcement actions is an attempt to promote law enforcement, and its good original intention is beyond doubt. As Zhang Jinkun, deputy director of the Law Enforcement Bureau of Zhongyuan District, said: "The live webcast not only supervises the urban management, but also allows the citizens to understand more." Related attempts were placed with two expectations. On the one hand, law enforcement officers could be supervised; To a certain extent, it has a dual effect of legal deterrence and popularization of law for offenders and potential offenders. However, the author believes that these expectations and expectations can only be established in theory, and live broadcast law enforcement may just look beautiful.
In the real context where law enforcement resources are inherently limited, it is obviously difficult to achieve a live broadcast of all law enforcement actions. In this way, it is easy to form a selective live broadcast, allowing the law enforcement to add another unrestricted power-the administrative live broadcast right, and eventually may even become what the public can see only what the law enforcement wants them to see. The law enforcement objects are also likely to raise objections to this, I am afraid this will only "make the citizens more difficult to understand."
More importantly, real life is varied, and the law enforcement process may involve content such as the privacy and trade secrets of the subject. If it is broadcast live in the online public space, it may be overwhelming. In addition, the live broadcast of the law-enforced person also involves the infringement of their portrait rights, reputation rights and other issues.
Citizens’ right to reputation and other public’s right to supervise and know are themselves worthy conflicts. Generally speaking, if citizens are involved in serious crimes, their private rights must make certain concessions, and the right of supervision and the right to know take precedence. However, urban management law enforcement mainly involves minor violations. It is not appropriate to place the portraits and images of minor violations on the public space of the Internet, and there is even the risk of infringement.
In fact, all law enforcement processes require cameras. Law enforcement officers have the obligation to prove their innocence in the law enforcement process. Cameras can play a role in investigation and evidence collection. For both the law enforcement and the subject, it is not only supervision, but also protection. However, if the camera is directly connected to the network, it will cause all kinds of improprieties.
Instead of live-streaming law enforcement, it is better to use the law enforcement recorder well and adequately. In this regard, it is necessary to rise to the height of the administrative procedure law, to make more detailed legal regulations on the use of cameras in the law enforcement process, and to make more stringent mandatory requirements for the opening, storage and retrieval of law enforcement recorders. As long as the law enforcement recorder is standardized and managed, the effect of supervision and protection of both parties can be achieved to a large extent.
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