Research On Legal Issues Of Automated Administration

The development of science and technology has created new productivity and brought convenience and welfare to our life.As one of the explosive ultimate technologies facing the future,artificial intelligence has penetrated into many fields of our life and brought profound influence.In the field of administration,it has spawned a new administrative mode--automatic administration.Automated administration has apply to the administration of various fields,such as the administrative licensing,administrative punishment,administrative automation can promote scientific and democratic legislation,promote efficient and convenient administration,more can improve the accuracy and effectiveness of public services,but also to the traditional administrative procedure,administrative relief has brought unprecedented challenges,It is a task entrusted to us by The Times to guide the automated administration to run well within the legal framework.This paper mainly discusses the automatic administration from four parts.The introduction mainly introduces the research background and purpose of this paper,summarizes the research trends at home and abroad,and the innovation points and shortcomings of this paper.The first chapter is divided into two parts.The first part defines automatic administration,differentiates related concepts,and sorts out the classification of automatic administration in the academic circle.According to whether it can independently complete the three links of input identification information,analysis and matching,and making decisions,it can be divided into semi-automatic administration and fully automatic administration.The second part analyzes the legal nature of automatic administrative equipment and the legal nature of automatic administrative action,which are two controversial issues in the current academic field,and makes clear the tool attribute of automatic administrative equipment,laying a foundation for the discussion of the legal problems existing in automatic administration.The second chapter analyzes why artificial intelligence technology can be embedded in the administrative field from four dimensions of logic,adaptation,social development and realistic advantages,and explains the necessity of studying automatic administration.The third chapter analyzes the legislation status and problems in practice of automated administration.There are few and scattered legislation on automated administration in China,and the newly revised Law on Administrative Punishment has taken the lead in responding to it.However,there are still some legal problems in automated administration,such as rigid law enforcement,slack discretion,reduction of procedural power of administrative parties,difficulty in providing proof for defective instructions and algorithmic discrimination.There are many reasons for the legal problems of automatic administration,such as the unclear scope of application of automatic administration,the inconformity between traditional administrative procedures and automatic administration,ineffective supervision,and the unclear subject of responsibility and relief channels.The fourth chapter is the legal construction of the automated administration,and tries to issue the code of administrative procedures in the form of a special chapter,to clarify the application scope of the automated administration,strengthen the procedure guarantee,establish the whole process of supervision mechanism,improve the liability relief,to ensure the legal and orderly development of the automated administration.