| With the modernization of national governance,automated administration has become a new trend in the field of administration.Automated administration not only embodies the concept of modern social service administration,but also provides a convenient way for the citizen to share public resources.The appearance of automated administration makes science and technology combine organically,and realizes the effective coordination of power and right.Although the development of automated administration has made great progress,it still has some deficiencies,which leads to the damage of the legal rights of the counterpart.Therefore,in the framework of the rule of law,it is necessary to balance the exercise of public power and the protection of private subject’s interests.This paper is divided into three parts.In the first part,the author expounds the basic theory of the protection of the right of the automated administrative counterpart.The most prominent feature of automated administration is,using algorithm to replace the repeated and mechanical manual operation in the traditional administrative procedure,realizing the high efficiency and intelligence of the administrative process by the precisely designed procedure in advance,and produce a certain legal effect of the Administrative Act.It has the characteristics of data dependence,high efficiency of execution and non-traditional risk.The basic rights of administrative counterpart can be divided into four categories in terms of its content,function and orientation,which are procedural right,relief right,right to be treated equally and benefit right.In the second part,the author analyzes the adverse effects of automated administration on the rights of counterpart and the causes.The automated administration has a negative effect on the procedural right,relief right,the right to be treated equally and the benefit right.The main reason is that the algorithm limits the procedural rights of the counterpart.The damage of the right of relief is caused by blurry liability.Technical discrimination infringes on the right to equal treatment of the counterpart.The data exposure risk threatens the counterpart’s beneficial rights.In the third part,the author puts forward some suggestions on how to deal with the adverse effect of the automated administration on the protection of the counterpart’s rights.We should attach importance to the protection of the procedural rights of the counterpart.In order to ensure the right to be informed,we should crack the black box of the algorithm and realize the process knowledge by the algorithm hearing,optimize the way of informing to protect the right to be informed,and carry out the online and responsible defense to ensure the implementation of the right to plead.In order to strengthen the protection of the right to remedy for the private party,it is necessary to clarify the subject responsibility in automatic administrative,reconstruct the burden of proof,and forbid the executive branch to abdicate responsibility through algorithms or the appearance of joint defense,reduce the burden of proof of the counterpart in the automated administrative litigation.To ensure the operation of the artificial channel and respect the counterpart’s right to choose the end of the channel,give vulnerable relative groups of certain technical care.Strictly supervise the data use of administrative staff,define the specific compensation scale after the data exposure,protect the personal information rights of the relative. |
