The Rule Of Law Approach To Administrative Penalty Under Automated Administration

Automated administrative penalty refers to the act of administrative authorities using electronic information technology to punish administrative counterparts who violate the administrative order by derogating their rights and interests or increasing their obligations in accordance with the law.Technology empowerment makes automated administrative penalty,in addition to burdensome and sanctioning,increase the characteristics of technology dependence and risk diversity.The former classification perspective is the basic classification of automated administration,which is the inevitable way of classification involved in the thesis,and the latter classification perspective is easier to show the reality of the application of automated administrative penalty and the impact on different subjects of administrative law,which can run through the idea of raising the problem-analyzing the problem-solving the problem.Automated administration has long been combined with administrative penalty,extending from the earliest road traffic field to all aspects of administration.While technology has effectively reduced the cost of manual enforcement and improved the efficiency of administrative penalties,it has also induced a new crisis,where some of the rights of administrative counterparts have not only been increased but also decreased.According to the two biggest differences between automated administrative penalty and traditional manual law enforcement: law enforcement method and decision-making method,the legality risk is divided into two categories.The first category is the risk brought by off-site penalty method,which is mainly reflected in four aspects: due process is squeezed,penalty density is unbalanced,automated administrative penalty reference proof standard is confused,and off-site law enforcement method ignores digital disadvantaged claims.The second type is the risk brought by algorithmic decision-making,mainly reflected in: algorithmic decision-making is difficult to reflect the principle of equivalent punishment,algorithmic decision-making weakens the initiative of law enforcement,algorithmic decision-making deviates from the principle of administrative openness and fairness,the personal information of the parties concerned is vulnerable to leakage,and the technical subject intervention generates the problem of responsible subject.The changes in these two aspects point to two directions:the changes in law enforcement directly point to the rights and interests of external administrative counterparts,and the changes in decision-making point to the internal of administrative subjects,and the causes of legality risks should be related to the different directions of automated administrative penalty.There must be a cause behind the problem.From the perspective of the direction of the automated administrative force,it is easy to explain the causes: the outward-oriented automated administration directly to the administrative counterparts,the administrative subject outward to promote the construction of automated administration easily lead to the detriment of the rights and interests of the counterparts.At the same time,the outward force also involves the quantifiable performance,with great interest driving force.Therefore,the outward automatic administrative power has great vitality and is also very easy to lead to the uncontrolled expansion.In contrast,the administrative subject does not have enough driving force to actively improve the inward-oriented automated administration,resulting in the lack of technical strength of the administrative subject to guarantee the standardized operation of outward-oriented automated administrative punishment and improve the level of algorithmic decisionmaking.Therefore,the imbalance between the two aspects of automated administration inside and outside the administrative system is the root cause that brings the risk of legitimacy of automated administrative punishment.According to the root cause of the risk,the macro-level measures of strengthening inward-oriented automated administrative power,restraining the unbridled growth of outward-oriented automated administrative power,and regulating the construction of a balanced internal and external power structure are proposed.Based on the root causes of risks,we propose macro-level measures to strengthen inward-oriented automated administrative power,restrain the unbridled growth of outward-oriented automated administrative power,and regulate the construction of a balanced internal and external power structure.The inward-oriented automated administrative power is strengthened by strengthening the substantive control of algorithms when designing and compiling them,retaining the review power of administrative organs when applying them to decision-making,and expanding the accountability subjects when relieving the rights and interests of administrative relatives;and the outward-oriented automated administrative power is regulated from the perspectives of improving automated administrative due process,regulating off-site law enforcement,and protecting the digital rights and interests of citizens.