Research On Administrative Procedure Guarantee Under Automatic Administration

As a new administrative behavior,automatic administrative behavior not only provides convenience for social governance,but also improves the efficiency of administrative office.However,it also poses new challenges to traditional administrative law field.With the application of automated administrative behavior in various fields,the problems exposed have been widely concerned by scholars,especially in the due process of the impact is particularly obvious.Automated administrative acts have positive effect on due process,but also have some challenges.Firstly,under the background of "digital government",automation administration will also be applied in every field of social governance.Although automation administration is a relatively new thing,it is not separated from the traditional administrative law,so it should obey the traditional administrative Law theory.Secondly,the unique characteristics of automated administration play a positive role in the implementation of administrative procedures to a certain extent.The traditional administrative procedures have such outstanding problems as slow response,single scene,poor flexibility and high media cost.Under the automatic administration,these problems will be well solved under the automatic administration.Thirdly,under the construction of digital government under the rule of law,China has accelerated the pace of legal construction of automated administration and achieved results.Automated administration has been an indispensable means of social governance.In this process,there are also some problems that cannot be ignored.The guarantee of administrative procedure is ignored.The hysteresis of legislation leads to the insufficiency of the guarantee of administrative procedure.Finally,the making of administrative acts must follow the legitimacy of administrative procedures,requiring in advance the performance of the notification,explanation of reasons,listen to the counterpart’s statement and defense,after the request for the counterpart to leave relief channels to protect the rights of the administrative counterpart.Therefore,we should find a way to protect administrative procedures under automatic administration.While improving the efficiency of administrative work,administrative organs should also protect the rights of administrative counterparts and fully realize the due value of administrative procedures.