Research On The Legal Issues Of Automatic Administrative Punishment

Automatic administrative penalty,which is a new type of administrative penalty,has become one of the hot topics in the field of administrative law in recent years.Automation is a tool and means to carry out Administrative Act,and the essence of automatic administrative penalty is still a specific administrative act.Compared with the traditional administrative punishment,the automatic administrative punishment has the characteristics of the particularity of the punishment means,the limitation of the punishment scope,the paperless punishment way,the simplicity of the punishment procedure and the intelligence of the punishment decision.At present,there is no special provision on the legislation of automatic administrative penalty in our country,and the relevant provisions are scattered in other separate laws and regulations.Because there is no uniform regulation,the relation between them is not close,and the effect of automatic administrative punishment is not good.Although the automatic administrative penalty develops rapidly in practice,its application advantages are obvious,and its popularization scope is wide and its quantity is large,but some problems also come into being.The study of automatic administrative punishment in our country is still at the initial stage,and has not yet formed a systematic theory.Through combing and analyzing the relevant legislation of automatic administrative penalty,pointing out the problems existing in the automatic administrative punishment,such as the unclear scope of application,the low credibility of the decision-making result of the Algorithm,the insufficient protection of the procedural rights of the punished person,the serious phenomenon of repeated punishment and the unclear type of responsibility,and by drawing on the useful experience of other countries and specific regions,and combining the reality of our country,from the legislative level,the author puts forward some suggestions,such as making clear the scope of application of automatic administrative punishment,perfecting the discrimination rules of automatic administrative punishment algorithm,guaranteeing the procedural rights of the people who are punished by automatic administrative punishment,realizing the dynamic processing of automatic administrative punishment data,and clarifying the types of responsibility for automatic administrative punishment From the aspect of supporting measures,this paper puts forward some suggestions for improving the construction level of automatic administrative punishment information platform,building professional teams of automatic administrative punishment and strengthening the propaganda of automatic administrative punishment,etc.,with a view to the development of China’s automatic administrative penalty to contribute.