Research On The Legal Regulation Of Automated Administratio

With the development of technology,in order to further promote the construction of digital government,automated administration has become the main administrative method in the process of digital government construction.For a long time in the future,automated administration will maintain a high-speed development trend.However,as a product of the combination of digital technology and administrative governance,although automated administration is convenient and efficient,there are still many differences between automated administration and traditional administrative law.These differences may cause a series of legal risks in automated administration,so the law should prevent and regulate the legal risks that may arise from automated administration.The legal regulation of automated administration is a necessary condition for regulating the exercise of automated administrative power in China,and also a necessary measure to safeguard the data and procedural rights of Chinese citizens.Firstly,it must be clarified that the administrative subject remains the basis for defining the responsibility of automated administrative actions.In terms of legal provisions,the current situation of automated administrative regulations mainly involves electronic communication,which only involves the determination of administrative factual acts,electronic notification,which is limited by the principle of "consent of the parties",and the lack of effective supervision and evaluation standards for electronic applications;Based on this,further analyze a series of legal difficulties in automated administration.One is the risk of legitimacy certification of automated administrative power,including challenges to the legitimacy requirements of "organization personnel","entity content",and "system function".The second is the risk of substantive reduction of rights in the core procedures of automated administration.This includes the imbalance of the power power power structure,the lack of participation in key administrative procedures,and the neglect of administrative due process in automated administration.The third is the risk of automated administrative intrusion into personal information rights and data protection.This includes the reduction of discretionary space in automated administration,the impact of flawed instructions on individual rights protection,and the lack of legal norms for the defense rights of automated administrative counterparties.The regulatory frameworks for automated administration in the United States and Germany,as well as the procedural rights and data protection systems,have also inspired the legal regulation of automated administration in China: reshaping the trust environment for automated administration in the digital era,constructing technical due process for automated administration,and balancing the scale and individual cases in automated administration.Based on the analysis of the legal dilemma of automated administrative law and foreign experience,the legal regulatory path for automated administration in China should be as follows.Firstly,it is necessary to clarify the construction of the automated administrative legal regulation system,which should be based on the principles of risk prevention,rights protection,and legitimacy.The second is to establish specific restrictions on automated administrative power rules.This includes standardizing the exclusion and application rules of automated administration,clarifying the responsible subjects and principles of responsibility attribution of automated administration,and constructing public evaluation and supervision accountability rules for automated administration.Finally,it is necessary to establish an automated administrative counterpart rights protection system.This includes the use of human intervention rights to construct automated administrative counterpart procedural rights protection rules,the establishment of a diversified regulatory mechanism for automated administrative counterpart data rights protection,and the improvement of the automated administrative counterpart rights relief protection system.