Research On Constitutional Guarantee Of Algorithmic Open Government

At present,e-government has been initially realized,and the construction of smart government is being comprehensively deepened.The decision-making,service,and governance of digital government have accelerated from digitalization and networking to automation and intelligence.Algorithms have been widely used in various fields of digital government and public management services,including but not limited to data analysis,administrative approval,decision-making assistance,emergency response,situation awareness,service robots,online customer service,and other fields,playing a positive role in improving the efficiency of government services and effectively responding to complex digital government environments.Algorithms and artificial intelligence are both a fashionable technical issue and a systematic phenomenon of rule of law,profoundly changing our traditional concept of rule of law,regulatory structure,and regulatory means.In recent years,countries around the world have continuously strengthened algorithm regulation and governance,requiring algorithm designers and users to implement requirements such as transparency,fairness,and non discrimination,and actively exploring the accountability of algorithms.In terms of data openness and algorithmic transparency legislation,the United States is the initiator and practitioner of strengthening government data openness and cooperative sharing.China is also focusing on the digital economy and artificial intelligence fields,and continues to make efforts.The value of creating an algorithmic and open government is diverse and comprehensive,which is conducive to implementing value concepts such as fairness and justice,achieving the goal of technological excellence,improving the level of rule of law in smart governments,and helping to improve quality and efficiency in the era of artificial intelligence.Since the mid-19 th century,government information disclosure and public participation have become important indicators to measure the construction of a government governed by law,and countries around the world have embarked on a wave of open government construction.From the perspective of the expansion and transformation of administrative means,based on the differences in the main media and manifestations of government openness,open government can be divided into three stages: 1.0,2.0,and 3.0,with government information disclosure,digital open sharing,and algorithmic openness and transparency as the main characteristics and core connotations of the three stages.With the in-depth practice of smart government and the construction of an algorithmic open government,it is necessary to shift the focus of digital government regulation to the regulation of government algorithms and their powers,replacing the previous regulatory methods focusing on data security and personal data protection.The algorithmic open government has rich and profound connotations,transforming from offline openness to online openness,from openness in government administration content to openness in technology supporting behavior;Opening up from government data raw materials to government data "processing methods";From the right to know,the right to express,the right to participate,and the right to supervise,it has continuously expanded to the right to share,the right to develop,and the right to self-determination;Upgrading from traditional due process to technical due process,continuously striking the core of digital government and smart government.It is necessary to build an algorithmic and open government.It is the practical need to break through the "black box" of algorithms with openness and transparency,promote the openness of digital government affairs,effectively safeguard citizens’ digital rights,promote the scientific,democratic,and legal decision-making of the government,and comply with the trend of the digital era.Building an algorithmic open government has a profound and thorough theoretical foundation,laying a solid theoretical foundation for building an algorithmic open government from the perspectives of open government theory,whole-process democracy theory,digital human rights theory,and technical due process principles.An algorithmic open government is not only a governance concept and conceive,but also based on existing laws and regulations,with strict and rich normative implications.Data openness constitutes the basic material of an algorithmic open government,while computing power openness provides basic support for an algorithmic open government.Algorithm openness constitutes the core mechanism of an algorithmic open government,and computing data,computing power,and algorithms constitute the basic normative elements of an algorithmic open government.An algorithmic open government has become a standardized model for systematically solving issues related to government algorithms and smart government,gradually becoming a profound practice of digital government ruled by law,gradually evolving into algorithmic transparency mechanisms such as government data openness,disclosure of source code or principles,and algorithmic interpretability.It has continuously strengthened and improved algorithmic decision-making participation mechanisms such as technical due process,listening to statements and defenses,and ensuring the public’s algorithmic self-determination,Continue to deepen government algorithm monitoring mechanisms such as government algorithm risk assessment,algorithm validation and audit,and algorithm accountability.At the same time,based on the new stage of intelligent government towards comprehensive and collaborative development,promoting the open and sharing of government algorithms has become a new era proposition and the due meaning of building an open government.From the current perspective,algorithmic open government has continuously strengthened its applications in public services,assisted or autonomous decision-making,emergency early warning,administrative process reengineering,and other fields.Through the open sharing of algorithms,citizens,legal persons,and unincorporated organizations can participate in government algorithmic decision-making,and monitor the entire process of intelligent government decision-making.At the same time,algorithmic open government has distinctive normative characteristics and effectiveness,playing an important role in promoting fairness and justice in the digital world,strengthening freedom and equality,ensuring order and security,improving efficiency and development,and other legal values,greatly correcting the practical risks of government algorithms,actively avoiding the alienation risks and adverse effects of smart government,and ensuring that government algorithms achieve fair and just results.The application of government algorithms and artificial intelligence in digital government and public services is still at a relatively early stage,bringing rapid and efficient government decision-making and governance,while facing the pain and disorder of the savage growth of new affairs,resulting in negative effects such as algorithmic "black box",algorithmic discrimination,and algorithmic collusion.In particular,government algorithms are facing new situations such as moving from auxiliary decision-making to automatic decision-making,from complex technological systems to complex social systems,and from regulatory objects to power subjects,which provide new topics and challenges for the construction of algorithmic open government.Due to the advantages of algorithms in terms of machine,architecture,and embedding,the significant obstacles to the "black box" of government algorithms,the practical challenges of ensuring network data security,and the deep involvement of third-party forces have brought practical technical obstacles to the construction of an open government.At the same time,the era of algorithms and artificial intelligence is also a revolution in the way of thinking.The public’s understanding of government algorithms faces intellectual difficulties,the public’s lack of enthusiasm for participating in government algorithms,and bureaucratic interests override public values.The transformation of the real environment of smart government has created obstacles for citizens to participate in government algorithms from all aspects,including knowledge,psychology,and aspirations.More importantly,due to the impact of the flood of digital technology on core legal and constitutional principles,the tendency of objectification of subjects in algorithmic legal relationships is evident,exacerbating the imbalance between rights and powers,frequent escape of algorithmic legal responsibilities,the emergence of due process failure effects,and the imperfect legal system for algorithmic openness in government affairs,which have cast a shadow over the construction of an algorithmic open government.Breaking the algorithmic "black box" and allowing the "power+technology" complex to operate in the sunlight is the only way to build an algorithmic open government,which helps improve the governance model of the government,improve the performance efficiency of government public services,and improve the level of algorithmic technology for the better.Based on citizens’ basic rights such as the right to know,participation,supervision,development,and self-determination,an open governance model for government affairs algorithms should be constructed.It is necessary to clarify and enrich the obligations of smart governments through creating a comprehensive governance model and a "functional system of basic rights",balance the relationship between civil rights and state obligations,optimize the civil rights and state obligations model,and further promote the improvement and upgrading of algorithmic open government.Actively promote the comprehensive governance of government algorithms,establish and improve a pluralistic and co governance system,enhance the level of collaborative governance capabilities,actively promote agile governance,promote comprehensive governance and refined governance to go hand in hand,and strive to build a government operation model with open algorithms throughout the process,better utilize technical means to facilitate and flexibly respond to highly complex public issues in the digital era efficiently and accurately.It is necessary to shift the focus of governance from algorithmic technology to algorithmic power,correctly understand the operational mechanism of algorithmic power,enrich the empowerment of public algorithms,strengthen supervision and restriction of government algorithmic power,appropriately expand the obligations of government algorithmic subjects,modify the value orientation and applicable mechanism of government algorithmic algorithms,place government automation decision-making under legal supervision,and provide sufficient data rights and relief measures to counter the infringement of algorithmic power.Based on citizens’ basic digital rights,the defense function corresponding to citizens’ basic digital rights is to promote the government’s effective performance of negative obligations,limit the freedom of interference in government algorithmic decision-making,adhere to the legal reservation of major automated decision-making,prohibit the abuse of algorithmic discretion,but do not interfere with the digital life that citizens can freely achieve.At the same time,corresponding to the beneficial right function of citizens’ basic rights,the state is required to actively act based on the law,create conditions,provide protection,improve the knowledge and skills of public algorithms,strengthen relief and accountability for abuse of government algorithms,and make the state a positive force to promote people’s enjoyment of convenient digital life.More importantly,starting from the value protection function of basic rights,we should strengthen the embedding of meta rules into government algorithms,and write ethical rules into specific algorithms;Improve the disclosure of information throughout the process and ensure the public’s right to know;Improve technical due process and ensure the right of relative participation;Improve the risk control mechanism,protect the legitimate rights and interests of the opposite party,establish a set of targeted and operable institutional systems,effectively build an objective value order and institutional guarantee system corresponding to the basic digital rights,further standardize the implementation path of government algorithms,strengthen the relief and accountability of government algorithms,and establish a comprehensive algorithm information disclosure and participation system before,during,and after the event,Constantly improve the level of algorithmic and open government construction.The comprehensive construction of a digital government ruled by law is a major strategic deployment of the country.It is necessary to promote the construction of a digital government ruled by law with algorithmic rule of law as the core,and integrate algorithmic rule of law throughout the entire process of the construction of a digital government ruled by law.To deeply understand the significance of comprehensively building a digital government ruled by law is a realistic choice for building a digital China and a powerful online country,an inevitable requirement for promoting values and ethics in the era of big data,and an important means of promoting the modernization of governance systems and capabilities.We should coordinate digitization and the rule of law,coordinate development and security,coordinate freedom and order,coordinate sharing and co governance,and deeply grasp the profound connotation of a digital government ruled by law.It is necessary to consolidate the system of digital legal rules,improve the protection system of citizens’ digital rights,improve the regulatory system of digital government,expand the comprehensive governance system of digital government,and comprehensively promote the standardized path of building a digital government ruled by law.