Automated administration refers to the use of artificial intelligence to participate in administrative activities,thus reducing or completely excluding the participation of administrative subjects to a certain extent,in order to assist administrative subjects in making decisions or making decisions autonomously.The development of automated administration has effectively responded to the demand for digital social order maintenance,and promoted the government’s trend of the government from traditional governance models to digital and intelligent coordinated development.Although the automated administrative envoy government departments have more room for development in social governance and promote the government’s precise and efficient governance.However,with the widespread application of this emerging governance method,various legal challenges have also followed.Based on the basic situation of automated administration in China,combined with practical cases and judicial case studies,it is found that there are four main legal challenges of automated administration: First,the electronic data generated by the automated system has brought challenges to the rules of evidence in the application of evidence,and its legitimacy,certification,effectiveness and examination need to be further improved;Second,automated administration simplifies some administrative procedures,which makes the rules of administrative procedures face challenges.It is difficult for administrative organs to fully fulfill their procedural obligations such as investigation and reasoning,and it is difficult to guarantee the rights of administrative counterparts to state and defend themselves.It is urgent to find out the reasons and control the corresponding procedures;Third,the development of automation administration has brought challenges to the responsibility identification of administrative subjects and administrative counterparts:on the one hand,the automated administration has made administrative participants develop towards diversified,and the relationship between administrative supervision is gradually complex.Clarifying;on the other hand,the automation system will inevitably fail.If it is damaged by the system failure,whether the administrative subject bears administrative responsibility or civil infringement responsibility,this requires further clarification and definition.;Fourth,the automation of administration accelerates the expansion of action,and citizens’ private rights space is constantly difficult to protect citizens’ information rights and interests.It is necessary to give consideration to public welfare and private interests and further improve citizens’ information protection mechanism.The challenges brought by automation administration to our laws need to be responded from the level of the rule of law.It should improve automated evidence to prove the rules of power,complete the control of automated administrative procedures,regulate the responsibility of administrative subjects and administrative counterparts,and strengthen the protection of citizen rights.On this basis Promoting the continuous development of automation administrative governance on the track of the rule of law. |