Study On The Protection Of Procedural Rights Of Relators In Automated Administration

With the rapid development of computer technology and the advent of the era of artificial intelligence,technology is providing convenience to people’s lives,but also constantly changing the way of administrative behavior.The emergence of a large number of automated administrative behavior,on the one hand,is conducive to reducing labor costs,improve administrative efficiency,so that administrative cases can achieve the effect of "the same case,the same judgment".On the other hand,due to the "black box" property of algorithm technology,instantaneous completion and the induction of algorithmic bias,it is easy to adversely affect the procedural rights of citizens,which leads to the fairness of administrative results being questioned.Therefore,by emphasizing the protection of the procedural rights of the relatives in the context of automated administration,it can guarantee the technology-enabled administrative behaviors while mitigating the negative effects brought by the application of automated devices,limiting the blind expansion of administrative power and protecting the legal rights of the relatives.Based on the characteristics of automated administration and the current mainstream theory of balance in the field of administrative law,the procedural rights of the relatives in automated administration can be analyzed,the dilemma faced by its development can be found,and rationalization suggestions can be put forward.This paper is divided into four parts.The first part is a conceptual definition,nature analysis and typological summary of automated administration,which can be used as a theoretical basis for studying the procedural rights of relators in the context of automated administration.The second part is to understand the procedural rights of the relatives in the framework of automated administration,to clarify the concept of procedural rights of the relatives in automated administration,the scope of protection and the development status,and to analyze the necessity of protecting the procedural rights of the relatives in automated administration,to clarify the need to achieve the balance of power and rights in the field of automated administration by protecting the procedural rights of the relatives,to prevent the abuse of administrative rights,and to guarantee the administrative procedural justice and the proper outcome.The third part of the paper is about the need to protect the procedural rights of the relators in the automated administration.In the third part,the difficulties faced by the protection of the procedural rights of the relatives in the automated administration include:the black box property of the automated administration obscures the relatives’ right to know,the instantaneous nature of the automated administration hollow out the relatives’ right to defend,the omission of the relatives’ right to be heard in the process of making the automated administrative decision,the algorithmic bias and error of the automated administration erode the relatives’ right to equal treatment,and the unclear responsibility affects the realization of the relatives’ right to relief.The fourth part is in the analysis of the automated administrative decision making process.In the fourth part,after analyzing the difficulties brought by the automated administration to the protection of the procedural rights of the relator,we put forward practical suggestions to protect the procedural rights of the relator in the automated administration from four aspects: reconstructing the due process,creating the right of algorithmic interpretation,improving the algorithmic impact assessment mechanism,and improving the accountability system of the automated administration,in order to contribute to the protection of the procedural rights of the relator in the automated administration in China.The purpose is to contribute to the protection of automated administration.