Research On Due Process Regulation Of Algorithmic Administration In Digital Age

The Guiding Opinions on Strengthening the Construction of Digital Government issued by The State Council in June 2022 stressed the need to deepen the application of digital means in government governance,innovate the concept and method of government governance,and form a new pattern of digital governance.Algorithmic administration is a new administrative mode generated by the application of big data,blockchain,artificial intelligence and other science and technology in the field of government governance.It emphasizes the realization of automatic decision-making function of algorithms,without manual intervention,and can realize the value of program efficiency and program rationality.However,in the process of algorithmic administration,the risks of procedure omission,algorithm opacity,algorithm bias and the limitation of administrative organs’ discretionary space also shake the operation rules and basic paradigm of traditional administrative activities and make traditional due process fail.Based on this,it is necessary to adjust and reconstruct administrative procedures on the basis of traditional due process,and construct procedural rule of law in the early,middle and late period of algorithmic administration operation,so as to ensure the stable and long-term operation of algorithmic administration within the regulatory framework of administrative due process.This paper is divided into three parts.The first part is the regulation of algorithmic administration and due process in the digital age,which is divided into two parts.One is the overview of algorithm administration.First of all,the topic is introduced to explain that the rise of algorithmic administration depends on the progress of science and technology,the need of social governance,and the expectation of administrative subject to the pragmatic function of algorithm.Secondly,the algorithm administration is distinguished from the common automated administration in order to better define the research object.Then,it summarizes the practice content of algorithmic administration,and points out that the algorithm gradually gets rid of the original tool attributes and starts to allocate resources and make decisions,but it should still be characterized as the administrative behavior of the algorithm.Finally,the paper introduces the essential influence of algorithmic administration on traditional administration mode and explains the necessity of algorithmic administration due process control.The second is the regulation effect of due process on algorithm administration.Firstly,it expounds the relevant contents of traditional due process,and explains that traditional due process needs to be reformed under the impact of algorithm administration.Secondly,technical due process is a new development of traditional due process,which can reshape the function of information tools to cope with the impact of algorithmic administration.The second part is the review of due process of algorithmic administration in the digital age,which is divided into three parts.First of all,the lack of procedures such as informing,stating and defending,explaining reasons,etc.,impacts the principle of administrative participation.Secondly;The technical defect and the algorithm black box preserved by law make the algorithm administration opaque and not open,which restricts the principle of administrative openness.Finally,the bias of training data,algorithm designers,controllers and algorithm itself and the limitation of administrative discretion erode the principle of procedural justice.The third part is the realization of the regulation path of algorithmic administrative due process in digital age.Based on the actual needs of government power control,citizen rights protection and enhancing algorithm transparency,the procedural rule of law before,during and after algorithm administrative operation is constructed.Firstly,the risk prevention before the administrative operation of the algorithm is improved by limiting the administrative scope of the algorithm,ensuring the administrative technology neutrality of the algorithm,and establishing the algorithm impact assessment system of the whole process.Secondly,the rights of the administrative counterparts in the administrative operation of the algorithm can be guaranteed through the openness and transparency of the algorithm administration,the effective informing and hearing of statements and defense,the granting of the administrative counterparts the automatic decision-making right of the algorithm,and the keeping of records for tracking and auditing.Finally,by strengthening the interpretation of the administrative result of the algorithm,taking the appeal as the pre-procedure of administrative relief,carrying out administrative reconsideration and administrative litigation,the result damage of the algorithm after administration is effectively relieved.