Legal Regulation Of Algorithmic Decision Making In Automated Administration

With the advent of the digital age,artificial intelligence is being applied to various fields of public life.At present,government departments have come to rely on the use of algorithms for public administration,algorithms create new ways to technically support public decision-making,management and delivery of public services.Traditional decision-making is replaced by algorithmic decision-making,which improves administrative efficiency to a certain extent,prevents corruption and abuse of rights,and promotes the establishment of digital government.The application and promotion of health code is a typical example.However,algorithmic decision making is not without defects,if not regulated,its risks are also immeasurable.Therefore,it is necessary to minimize the risks brought by algorithmic decision-making and find good governance ways to standardize algorithmic decision-making,so as to better promote the construction of digital government and realize the modernization of government governance capacity.This paper firstly introduces the concepts and characteristics of digital government,automatic decision making and algorithm decision making,and then analyzes the application scenarios and system status of algorithm decision making.Secondly,the paper discusses the legal risk of the application of algorithm decision,closely around the administrative field,elaborated the algorithm black box and the special risk of deviating from the administrative procedure,and supplemented by the subjective and objective causes to explain.Finally,this paper discusses the regulation path of algorithm decision-making,from the aspects of algorithm design,administrative subject subjective activity,relative rights protection and administrative procedures,and looks forward to the regulation path of algorithm decision-making in our automation administration.In this paper,case analysis,literature analysis and comparative research are used to study algorithm decision making in automatic administration.Firstly,the paper discusses the concepts related to algorithmic decision making,and then analyzes the algorithmic decision making behaviors reflected in typical automated administrative behaviors in real life,such as administrative license and administrative punishment,summarizes the risks and challenges existing in the current algorithmic decision making,and proposes targeted regulation paths.On the basis of consulting a large number of literatures about algorithmic decision making,the relevant literature is sorted out and analyzed,the relevant concept theory of algorithmic decision making is obtained,and the existing problems are summarized.The automation administration of our country is still in the primary stage.The development of the automation administration system has been slightly improved in the United States,European Union and other countries.We can develop and learn from their theoretical experience,and explore the localization problems of regulation algorithm decision-making.