The development of technology has brought us artificial intelligence,opened the door to a new era and brought new legal problems.In the process of promoting governance reform,we continue to introduce algorithmic administrative related applications,improve administrative efficiency and reduce costs.Especially during the COVID-19 pandemic,the introduction of the "health code" effectively reduced the direct contact of people and reduced the risk of widespread spread of the epidemic.As the most powerful tool in controlling the epidemic,it represents not only the advance of digital technology,but also the development of the rule of law.Although the application of algorithm program improves administrative efficiency and saves resources,as a new technology and a new governance model,it still has many problems.Its efficient computing program eliminates the subjective thinking ability of the administrative subject,the uncontrollability of the algorithm constantly impacts the principle of administrative law,and the new administrative model is easy to cause the question of legitimacy and legitimacy,resulting in the accountability dilemma.According to the provisions on comprehensively building a digital government under the rule of Law in the Implementation Outline for the Construction of a Government under the Rule of Law(2021-2025),the content emphasizes the use of the Internet,big data,artificial intelligence and other technological means to promote administration by law,strive to realize the deep integration of government governance informatization and rule of law,and vigorously improve the digital level of the construction of a government under the rule of law.The algorithm administrative technology contained in the application of health code is the embodiment of the combination of Internet,big data technology and administration,and health code as the first large-scale application of digital administrative governance within the whole society,its research value is of great significance to the construction of digital government in the future.Therefore,this article will mainly take the typical cases of the administrative application of algorithms such as health code as the basis,found the problems contained in the administrative application of current algorithms,on the basis of analyzing the causes of problems,and put forward the reasonable suggestions for perfection.First of all,this paper takes the legal attribute of health code coding behavior as the starting point,and makes it clear that its essence is the practical application of algorithm administration,and then summarizes the legal problems presented by health code and the existing algorithm administration application in practice.Secondly,by analyzing the underlying causes of the above problems,it can be found that algorithmic administration causes the decline of traditional administrative legal principles.Principles are the foundation of things,and problems are bound to occur if principles are shaken.The new administrative model brought by algorithm program indirectly causes the accountability dilemma.The power without responsibility can be exercised infinitely.Finally,on the basis of the above discussion,it is suggested to clarify the basis and principle of decision-making,reiterate the basic principles of administrative law on the basis of the existing administrative law regulation system,formulate the supporting implementation rules of relevant laws,and jointly issue administrative rules by multiple departments as the overall guidance to restrict the administrative application of algorithm.On the basis of clear decision basis,the responsibility system is improved by constructing error reporting mechanism of algorithm program and internal and external responsibility bearing mechanism of government and enterprise.By entrusting the administrative counterpart with the power of algorithm interpretation,it is suggested to set up a special algorithm audit and supervision department to prevent the expansion of administrative power,so as to play an accurate and efficient role and lay a solid foundation for the construction of intelligent administration in the future. |