Research On Algorithm Decision Procedure Problems From The Perspective Of Due Process Principle

The widespread application of artificial intelligence,the rapid development of information technology,and the reshaping of government operations are leading the government towards an efficient and intelligent path with the widespread application of algorithmic decision-making.The application of algorithms has not only improved the quality and efficiency of the government,but also brought many problems.The classic principle of administrative due process has been comprehensively challenged,and the application of algorithmic decision-making procedures has posed challenges to administrative due process.The openness,fairness,and participation of due process are impacted by algorithmic decision-making procedures,resulting in the failure of traditional administrative due process.As a traditional principle of administrative law,due process is an important basis for the modernization of the rule of law.It plays an important role in the control of public power and the protection of citizens’ basic rights.It requires the government to regulate citizens’ public power under the intelligent governance,so as to clarify the rationalization boundary and legal adjustment scheme of algorithm application in administrative organs.Based on this,this paper will use the due process in administrative law as a theoretical tool to study the embedding of algorithmic decision-making procedures in the application of administrative organs,and under the requirements of technical due process and traditional due process,propose the control path of algorithmic decision-making procedures,so that the due process can continue to play its application value.The first point to be discussed in the study of algorithmic decision-making procedures from the perspective of the principle of due process is the connection between algorithmic decision-making and due process.It discusses the value foundation of selecting due process as a theoretical tool,and the requirements for fairness,openness,argumentation,and impartiality of decisions contained in the principle of due process are all issues that need to be discussed in algorithmic decision-making procedures.The application of algorithmic decision-making in administrative agencies has brought a dual effect,promoting the enhancement effect of administrative activities,but at the same time causing the failure effect of due process.On this basis,this article conducts research and discussion on it.In the neutrality of due process,the dependence of administrative agencies on algorithmic decision-making weakens the autonomy of administrative subjects,highlighting the conflict between the neutrality of algorithmic technology and the avoidance of obligations in due process.The reduction of administrative autonomy due to the alienation of algorithmic decision-making rights also poses challenges to the neutrality of administrative agencies;The complexity and concealment of algorithms themselves result in the inability of algorithm decision-making procedures to be publicly disclosed,which poses new challenges to the openness of the due process principle;The algorithm black box leads to an opaque decision-making process,and whether the algorithm is open conflicts with the principle of administrative openness.The efficiency and speed of algorithm decision-making result in infringement of the rights of due process public participation and citizens’ statements and defenses;Finally,due to the systematic existence of algorithmic discrimination and the unsupervised decision-making results of algorithms,the issues brought about by the fairness of due process also need to be explored at present.Based on the previous content and theoretical foundation,combined with technical due process,we will respond to the challenges of algorithmic decision-making to due process one by one.Firstly,the neutrality of due process is constructed through subjective consciousness,clear positioning of algorithmic decision-making,and regulation of algorithmic power.Secondly,ensure the openness of procedures through algorithm disclosure and administrative disclosure.Reasonable construction of algorithm disclosure system,interpretability of algorithms,and development of reasonable algorithm standards are measures to achieve program disclosure.Then,in the argumentation of due process,the main approach is to protect the legitimate rights and interests of the opposing party,propose to ensure the public’s right to know through full participation,grant the opposing party the right to choose to ensure case balance,and ensure the opposing party’s right to state and defend through full disclosure and effective communication.Thus achieving the argumentation of due process.Finally,establish an algorithmic impact assessment program,an algorithmic decision-making accountability mechanism,and establish specialized review and supervision agencies to achieve fairness in due process.