Research On Legal Issues Of Automated Administrative Penaltie

With the continuous development of artificial intelligence in administrative activities,automated administrative penalties are widely used.Compared with the traditional way,the automated administrative punishment shows numerous advantages such as higher efficiency in processing and more panoramic in supervising.However,although the automated administrative punishment improves the efficiency and competence of administration,it brings unprecedented challenges to the fairness,procedures,remedies,and other aspects of administrative punishments.Based on this,this article analyzes the legal issues related to automated administrative penalties,and explores suggestions for improvement that are more appropriate to their characteristics,to lead to the sound operation of automated administrative penalties under the legal framework.This article is mainly divided into four chapters:The first chapter mainly combs the basic theory of automated administrative punishment.Firstly,it defines the concept and attributes of automated administrative punishment,and the relationship between it and off-site law enforcement;then analyzes its characteristics,operating mechanism,and classification,to give a preliminary view of automated administrative punishment from a macro perspective.The second chapter explores the legislative and practical status of automated administrative penalties.Firstly,it analyzes and comments on the current situation of automated administrative penalties at the legislative level.Then this part explores the practical status of automated administrative penalty in several major fields in application aspects,and finally to form a more systematic understanding of it.The third chapter analyzes the legal issues existing in automated administrative punishment in China.Combining theories and case studies,this part points out certain problems about the application scope,punishment fairness,due process,responsibility definition,and judicial relief of automated administrative punishment.On the one hand,it damages the legitimate rights of the administrative counterpart;on the other hand,this may hinder the development of itself.The fourth chapter targets at providing suggestions for the legal issues mentioned before.The first is reasonably limiting the scope of application of automated administrative penalty to prevent it from improper application.The second is improving the supporting mechanism to ensure the fairness of punishment.The third is strengthening the constraining of the due process principle to ensure the procedural rights of the administrative counterpart.The fourth is completing the rules of legal liability assumption to affirm the administrative organ as the main body of direct responsibility to assume compensation liability according to the principle of non-fault liability.Fifth,improving the judicial relief system by reducing the hidden cost of judicial relief and introducing administrative process methodology into judicial review,so as to exert the supervising and safeguarding function of judicial remedy.