Research On The Legal Regulation Of Automated Administration Under The Background Of Artificial Intelligence

The “Decision” reviewed and approved by the Fourth Plenary Session of the 19 th Central Committee of the CPC stated that “the establishment and improvement of the system and rules of administrative management using the Internet,big data,artificial intelligence and other technical means.” It has made clear requirements for the government to improve the relevant legal systems and management rules of artificial intelligence and automated administration.Automated administration in this article refers to the application of artificial intelligence technology to realize the unmanned and intelligent administration behaviors,such as the administrative second approval and the autonomous payment system of fines.Automated administration,as a descriptive concept,is relative to administrative relatives.Automated administrative actions are very different from traditional administrative actions: Firstly,in terms of subjects,administrative agencies are not involved in the process of making administrative actions.Artificial intelligence plays the role of administrative agency staff.The main position of the company poses a challenge;secondly,the responsibility is different,and the administrative agency naturally needs to take responsibility for administrative actions,but the responsibility of the artificial intelligence enterprise involved in automated administration is not clear;thirdly,the difference in program settings,the purpose of automated administration is to simplify administration and decentralization and improve administrative efficiency.It omits the procedural provisions of many traditional administrative actions,which may infringe the procedural rights of administrative counterparts.Fourthly,it brings greater legal risks to administrative counterparts,like information privacy for parties.Security,fairness and impartiality are the risks of violation.Therefore,we need to clarify the subject and behavior theory of automated administrative behavior,construct the operation procedure of automated administrative behavior,prevent possible risk problems,and provide legal and effective relief to the relative.This article is mainly divided into four parts: The first part is a summary of the connotation and practice of automated administration.Since the application of artificial intelligence technology to automation administration also has special connotations and characteristics,the practice of government applying artificial intelligence technology for automation already exists.We should summarize the applicable types and scenarios of automation administration on the basis of analysis and practice,which is the premise of legal regulation.The second part is the status and risks of automated administrative legalregulations.By analyzing the relevant domestic and national laws and regulations on artificial intelligence and automated administration,the loopholes and risks of legal regulation are found,and the legal risks of automated administration are classified and summarized,which is the basis of legal regulation.The third part is the prevention of legal risks of automated administration.It is mainly to prevent risks from the macro level,and to regulate and manage risks through multi-agents and multi-methods,including the standard use of automated administrative systems,mutual management and supervision of the internal work departments of government;the central government to local governments is applicable to the standardization and management of the automated administrative system.The local pilot trial of automated administration also needs to be within the framework of the law;the government should also cooperate with relevant enterprises and research institutions,enterprises strengthen self-discipline,and citizens strengthen supervision,so as to comprehensively prevent automated administrative risks arising from applications.The fourth part is the specific legal regulation path of automated administration.It is conducted to regulate the substantive law from the micro level,including clarifying the relevant subjects and behavioral attributes of the automated administration,so as to confirm the principal of responsibility,the principle of blame and the method of assuming responsibility;broaden the relief channels for the counterpart,such as comprehensive relief and protection for the counterpart by retaining artificial discretion,administrative reconsideration,administrative appeal,and administrative litigation.