Research on Automated Administrative Legal Risk and Optimization Path
the extensive application of digital technologies such as the Internet,big data,cloud computing,and artificial intelligence in the automated administrative process of the government plays a very important role in promoting the scientific decision-making of the government,the precision of social governance,the high efficiency of public services,and the deep integration of government governance informatization and rule of law.Through the observation of the pattern of automated legal risks,automated administration has legal risks such as the risks caused by algorithms,the risks caused by liability identification,and the risks caused by data and personal privacy.The main reasons for the risk are the black box dilemma of algorithm with process uncertainty and result bias,as well as the ideological impact caused by the application of new technology,such as the dependence of"instrumental thinking"and the imbalance of traditional"power-right"view.In order to solve the legal risks of automated administration,the optimization path is put forward:to clarify the division of automated administrative responsibility,to awaken people's subjective consciousness,to delimit the nature of responsibility strictly at the level of responsibility;to guarantee the administrative counterpart's right to participate in the process and remedy its right;to ensure the algorithm fully transparent and open,which makes it more in line with the requirements of procedural due process in administrative law;to establish an independent review and oversight body to prevent administrative inaction or abuse of power and data loss.
digital techniqueautomated administrative legal risksoptimized pathgovernment performance
万方数据
维普
