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Research On Procedural Rights In Automated Administration

Posted on:2023-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y W MiaoFull Text:PDF
GTID:2556307103994849Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Automated administration is a new administrative mode that uses automated systems to assist or replace manual administration.It has the characteristics of automation,digitalization and coding.With the value of improving administrative efficiency and ensuring administrative justice,automated administration has become an important way to carry out administrative activities.According to the degree of digital technology’s involvement in administrative activities,the development of automated administration can be divided into government internal informatization stage,partially automated administrative stage and fully automated administrative stage.Automated administration has received substantive and procedural legislative responses in China’s Administrative Punishment Law,Personal Information Protection Law and other norms.The principles of establishing procedural rights in automated administration include the principle of human dignity,the principle of due process and the principle of equal effectiveness.The principle of human dignity is the basic principle that human beings should be equally respected as human beings.Respect the dignity of relative people in automated administration,and make clear that procedural rights are the specific embodiment of respect for relative human dignity.The principle of due process means that the operation of administrative power should conform to the minimum standard of due process,and the automated administration should also conform to the basic requirements of due process,and the procedural rights of the counterpart should be guaranteed by improving the due process system.The principle of equal effect refers to that automated administrative acts and manual administrative acts have the same legal effect,and the counterpart can choose between automated administrative methods and manual administrative methods,and enjoy traditional procedural rights in automated administration.Under the requirements of the principles of human dignity,the principle of due process and the principle of equal effectiveness,the counterparty enjoys procedural rights in automated administration,including the right to choose,the right to know,the right to state,the right to defend,the right to hear and the right to resist.Among them,the right to know,the right to state,the right to defend and the right to hear are the classic types of procedural rights in the traditional administrative rule of law,and their legal status should be clarified in automated administration.the right to choose and the right to resist are new types of procedural rights introduced in automated administration,the purpose is to respect the subject status of the counterparty and the choice of administrative methods.Due to the enhancement of technical elements in administrative procedures,the procedural rights in automated administration are faced with the following dilemmas: the process of secretly collecting information,the algorithm black box in decision-making,and the change in the way of actively querying results,making it difficult for the counterparty to know.Insufficient legal norms and the limitation of administrative methods hinders the choice of the counterparty.The simplification of procedures and technical dependence in automated administration lead to the compression of the right to express.The closed program operation and professional technical content limit the expression and defense of the counterparty’s opinion requirements.The efficiency orientation of the hearing and the technical elements in the hearing procedure,which cause obstacles to the exercise of the right to hear.The scope of resistance established on the theoretical basis of invalid administrative actions and the right to information self-determination,and the resistance method that requires self-judgment and realization,the theoretical and practical difficulties of the right to resist.In order to enable the counterparty to effectively participate in automated administration,it is necessary to improve the procedural rights protection system in automated administration.First,it is necessary to build a system of procedural application in automatic administration,so that the counterparty can choose in advance and resist the automatic administration method in the process.Second,it is necessary to emphasize the application of the traditional due process system in automated administration,requiring automated administration to comply with administrative disclosure procedures,reasoning procedures and administrative hearing procedures.Third,it is necessary to establish a technical due process system in automated administration,and optimize technical procedures to meet due process requirements.The specific path is to internalize due process requirements into algorithm transparency rules and algorithm interpretation rules in automated administration at the technical level.and antidiscrimination rules.Fourth,it is necessary to clarify the procedural rights relief system in automated administration,allocate administrative responsibilities through the subject of responsibility,constituent elements,and form of responsibility,and connect procedural violations in automated administration with the relief channels for administrative reconsideration and administrative litigation.
Keywords/Search Tags:Automated administration, Procedural rights, Due process, Rights protection
PDF Full Text Request
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