Study On The Legality Of Automated Administrative Acts

The administrative act made by automation causes the relative person’s partial procedural rights to be diminished instead of increment because of the rough and simplified procedure.In beneficial administrative act,the administrative organ evades the administrative responsibility under the guise of science and technology,especially because the administrative decision should be transparent and not transparent,the content of the administrative act should be explained but not explained,and the burden administrative act is a large number of procedures such as statement and defense,which can not guarantee the realization of relative human rights.On the basis of distinguishing between different rules to make administrative acts of different nature by automatic way,we should adhere to the principle of due process and take the effective realization of the procedural rights of the counterpart as the core.In order to realize the legitimacy of automatic administrative acts.In view of the problems in practice,the article distinguishes between the legality rules of administrative license and administrative punishment in many aspects.On the basis of clear concept,this paper tries to establish the basic principle of automatic administrative behavior based on the boundary of science and technology applied to law,and discusses the legitimacy of automatic administrative behavior from two levels of entity and procedure.The introduction part leads to the question,explains the topic basis,on the basis of comparing with the related concepts,limits the research object of the article to the automatic administrative behavior,and points out the research significance and innovation.The first chapter,on the basis of the definition of concept,summarizes the main characteristics of automatic administrative behavior,analyzes its constituent elements,and classifies it according to the different degree of automation and the different fields of application.At the same time,to establish the basic principle of automatic administrative behavior,we should adhere to and develop the principle of administrative legality and due process,so that the procedural rights of the relative person can be increased under the background of the innovation of administrative behavior mode.The second chapter discusses the entity legitimacy of automatic administrative act.The entity legitimacy needs to pay attention to two basic aspects: one is the implementation condition,the other is the transparency and interpretability of the content of administrative decision.At the level of implementation conditions,on the one hand,it is necessary to distinguish between the general conditions for the implementation of automated administrative acts and the special conditions for the implementation of fully automated and intelligent administrative acts in the field of administrative punishment.At the same time,administrative acts performed in an automated manner should ensure transparency and interpretability of their content.The third chapter discusses the procedural legality of automatic administrative act.Science and technology change the spiritual core of illegal governance because of the implementation of administrative behavior.The basic requirements of due process can not be substantially reduced by the application of science and technology.On the content,on the one hand,the basic system in the principle of due process should be followed by technology;on the other hand,the relative person’s right to know and the right to state and defend should still be guaranteed by technology.The spiritual core of due process should always be carried out technically in administrative procedure.The fourth chapter discusses the relief of automatic administrative behavior.The relief of automatic administrative behavior should be aimed at simplifying the procedure but increasing the right.The necessity of right relief does not mean that the administrative act must be able to bring a lawsuit,nor does it mean that the administrative act must be illegal.Relief includes both administrative litigation and relief outside litigation.Relying on the background of the continuous development of network technology and information technology,automation gradually permeates the procedure of making administrative decisions,which is conducive to improving administrative efficiency,facilitating the relative person to a certain extent,and enhancing the fairness,science and rationality of administrative decisions.A study on its legitimacy comes from the problems that the author found in the application of "e window" and other systems during the practice of administrative organs.When administrative act is made,the boundary and space of automatic implementation,the legitimacy judgment in entity and procedure,and the guarantee and relief of rights are the main contents of this paper.