Research On The Legal Regulation Of Automated Administration From The Perspective Of Due Process

With the continuous development of network science and technology,automatic decision-making technology has gradually penetrated into the process of making administrative acts,which is conducive to improving administrative efficiency,facilitating administrative counterparts to a certain extent,and improving the objectivity,scientifically and rationality of administrative decisions.However,due to the limitation of technology and the omission and absence of administrative procedures,the traditional administrative procedures are almost useless in the automatic decision-making system of instantaneous administrative decisions,resulting in insufficient protection of the rights of administrative counterparts.Due process system is an important theoretical tool to regulate the power of administrative organs and safeguard the rights and interests of citizens.Based on this,this paper tries to explore the regulation path of automated administration from the perspective of due process,so as to realize the procedural legitimacy of the whole process of automated administration and protect the basic rights and interests of citizens.This article is mainly divided into four parts.The first part is an introduction,mainly explaining the background and significance of the topic,analyzing and listing the current research status of scholars on automated administration,and determining research methods.The second part is the theoretical foundation of automated administration and due process,which is generally carried out from three aspects:firstly,it discusses the concept and attributes of automated administration,analyzes the characteristics of automated administration,and determines the type of automated administration based on the degree of automation;The second is to discuss the system of due process,clarifying the concept,content,and function of due process;The third is to analyze the characteristics that automated administration should possess under the requirements of the principle of due process.The third part analyzes the difficulties of the due process system in automated administration and its impact on the rights of counterpart,mainly from three aspects: firstly,it analyzes the legislative and practical status of automated administration;The second is to clarify the specific difficulties of the due process system in automated administration;The third is to analyze the impact of due process dilemmas on the rights of counter-parties in automated administration.The fourth part is the regulatory path of automated administration from the perspective of due process.The main content is to reconfigure the elements of due process in automated administration,ensure the minimum requirements and variability requirements of due process,and based on this,clarify the system for safeguarding the right to know of administrative counterparts in automated administration,and optimize the procedures for safeguarding the right to participate in automated administration.