Research On The Legal Risks Of Automated Administration In The Era Of Artificial Intelligenc

Science and technology power has always been China’s adherence to the development strategy,in the continuation of electronic administration,intelligent administration,artificial intelligence automation administration has gradually entered people’s field of vision,for people’s life to provide more convenient services.The emergence of automated administration not only brings more convenient ways for administrative organs to exercise power,but also triggers fierce discussions in academic circles on the nature and risks of automated administration.Although automated administration has greatly reduced the problems of long periodicity and complicated procedures in the implementation of administrative acts by administrative organs to a certain extent,it has also brought certain legal risks.Importantly,this will also affect the legitimate rights of administrative counterparts and violate the basic principles of administrative law.The framework of this paper mainly starts from the basic theoretical connotation of automated administration,which is divided into four parts: the first part is the progress of artificial intelligence and the emergence of automated administration.From the initial electronic administration to the current automated administration,the promotion of artificial intelligence,the connotation of automated administration and the current status of practical application should be used as the theoretical premise of risk discussion.The second part is the legal risks of automated administration.The legal risks existing in the practice of automated administration are found and summarized,mainly from four aspects: data and power risks caused by algorithm bias,risks in the identification of automated administrative responsibility subjects,procedural lack risks caused by automation of administrative processes,and squeezed relative private rights and interests of administration,which is the basis for discussing why automated administrative risks exist.The third part is the causes of legal risks in automated administration.The first is that the government relies too much on algorithms,and ignores the failure of algorithm machines and the digital construction of government teams.Second,the plurality of participants in automated administration leads to unclear responsible subjects in practice and confusion between private law and public law.Third,the application of algorithmic decision-making leads to the lack of statement and defense,explanation of reasons and hearing procedures in traditional administrative procedures.Fourth,citizens’ personal information and privacy have been violated,and the counter party’s right to choose procedures cannot be guaranteed.The fourth part is the design of automated administrative law regulation paths.From deepening the explain ability and openness and transparency of internal decision-making,an algorithm pr-review mechanism is established to strengthen the internal regulation of automated administration.Clarify the scope of responsibility for automated administration,the principle of attribution and the distribution of responsibility.Improve the procedural process of automated administration from four perspectives: statement and defense,explanation of reasons,disclosure of administrative information,and debate of administrative hearing procedures.Finally,by strengthening the protection of citizens’ personal privacy,protecting the procedural rights of counter parties,and broadening citizens’ remedy channels through two channels: litigation and non-litigation remedies.