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Research On Due Process Of Automated Administration In Algorithm Age

Posted on:2023-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiFull Text:PDF
GTID:2556307037961319Subject:Constitution and Administrative Law
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Automated administration is an upgraded version of the development stage of "e-government" and an innovation in the government management mode of big data governance in the era of algorithm.However,the automated administration in the era of algorithm presents new characteristics,and causes the deconstruction and failure effect of the traditional administrative due process.In order to adjust the rule of law of automated administration in the era of algorithm.It is necessary to return to the basic principles of administrative law,reconstruct the important normative role of due process of "visible justice",attach importance to the dynamic balance of power and right,so as to clarify the rationalization boundary of algorithm in automatic administration and its legalization debugging scheme.Responsible implementation of automation can advance the realization of democratic principles and good governance values as the foundation of administrative law in the age of algorithms.Specifically,first of all,we should be alert to the "algorithm capture" caused by "algorithm disorder",and the automated administration of algorithm access should have procedural requirements.Secondly,in the process of applying algorithms to automated administration,we should enhance the transparency and predictability of algorithms based on the principle of administrative openness,improve public participation based on the principle of public participation,formulate corresponding algorithm standards based on administrative guidance,and provide templates for industry norms.In the medium term,a series of due process requirements should be strictly implemented,such as effective notification,explanation of reasons,hearing statements and arguments,and confirmation and objection of automation results by administrative counterparts.At the same time,it is also necessary to ensure the necessary hearing rights of the relative person,as well as to set up a reasonable exit mechanism,so as to obtain timely manual intervention.Complete procedural requirements to ensure the integrity of relief,therefore,the latter part of the establishment of appeals,loss compensation mechanism,and algorithm audit and algorithm accountability,timely correction,to ensure the technical ethics of algorithm application.
Keywords/Search Tags:automated administration, algorithmic decision-making, algorithmic power, due process
PDF Full Text Request
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