Research On The Procedural Rule Of Law Of Automated Administration

Automated administration is big data,cloud computing,Internet of things,such as artificial intelligence science and technology in the field of administration used to produce a new administrative way,by artificial intelligence of dealing with the administrative procedures on behalf of administrative subject specific or all links without human intervention,so as to realize some or all of the unmanned,with the characteristics of non scene,momentariness and algorithm.Combined with the characteristics of technology,the application of automatic administration can be summarized as perception and input,analysis and decision,output and implementation of automation.Compared with traditional administrative means,automatic administration has realized procedural efficiency and rational value,and promoted the modernization of national governance system and capacity.However,due to the application of big data artificial intelligence technology,automatic administration produces algorithm error algorithm discrimination and prejudice,limits administrative discretion and other risks,and shakes the running rules and basic paradigm of traditional administrative activities,makes the traditional administrative procedures fail,and also impacts the value of administrative procedures.For example,data processing impacts dignity value,algorithmic decisions impact fair value,technical black box impact transparent value,program absence impacts participation value,they cause the procedural rights and the substantive rights of the administrative counterpart to be damaged.And at present,the procedures of automatic administration in China lag behind,it is difficult to achieve the restriction of power and the protection of rights.The procedural rule of law plays the role of right stabilizer and power suppressor.Taking it as the premise can ensure the positive efficiency of automatic administration.How to persist in revising and developing procedural rule of law,and make automated administration run healthily on the road of rule of law is an important issue to be studied urgently.Therefore,it is necessary to re-examine the concept of modern government management transformation,clear digital automation of administrative procedure,its essence from two angles of due process and power moderation to reiterate again and release to the people as the center,the principle of procedural justice,administrative openness principle,public participation principle,proportion principle and the principle of prudent supervision inclusive,as the indication of building the procedural rule of law of automated administration.At the same time,it analyzes the procedure regulation mode of automatic administration in European and American countries.The theory of procedural rule of law based on development requires exploring the realization path of procedural rule of automatic administration in China,introducing new procedures or adjusting part of procedural system.Specifically,in order to standardize the power of the expansion of automated administration,enhance the transparency of automated administration and strengthen the protection of the rights of administrative counterparts,we should construct the procedural rule of law before,during and after the application of automated administration,so as to ensure that automated administration can go steadily and far within the framework of administrative rule of law.