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市民拍摄的违章行为的照片能否作为对违章行为人处罚的证据问题主要集中以下几个方面:一是市民拍摄的照片是否侵犯了他人的隐私权;二是市民拍摄照片的行为是否可视为是接受了行政机关的委托,即行政机关委托公民个人进行违法行为的调查取证;三是市民行政执法主体资格问题。接下来,笔者主要围绕以上所提出的问题作以剖析,在此基础上总结出笔者的观点,即应该将市民拍摄渣土车违法照片的行为界定为一种公民的举报行为,而非行政机关调查取证的行为。
Whether a photo taken by a citizen as a violation of the law can be used as evidence of punishment for a violating agent mainly focuses on the following aspects: first, whether a photograph taken by a citizen infringes upon the privacy of others; and secondly, whether citizens can take photos as Is to accept the commission of the executive authorities, that is, commissioned by the executive authorities of citizens to investigate and collect evidence of illegal activities; Third, the main issue of citizen administrative law enforcement eligibility issues. Next, I mainly focus on the above issues raised for analysis, on this basis, summed up the author’s point of view, that is, the public should take the illegal shooting photographs of dirt and mud as a citizen’s reporting behavior, rather than the executive Investigate evidence collection behavior.