Digital Administration in the Rule of Law:Dimension,Dilemma and Path Optimization
The advancement of digital technology has not only altered the way how people live and work,but also made it possible to support the digital transformation of governmental governance with instrument and technical supports.Digital technology with big data and artificial intelligence as the core has propelled the government's digital transformation and enhanced governance capacity,and introduced a new proposition of how digital administration should respond to the establishment of the rule of administrative law.With government data and information as the elemental foundation,digital technology as the instrument support,and a digital government service platform as the organizational backbone,digital administration encourages the synergy of governance subjects,the re-engineering of governance processes,and the allocation optimization of governance resources.It is the necessary path for the government to effectively respond to digital changes.However,the paradox between the instrumental rationality of the digital administrative technological governance and the value rationality of the rule of administrative law as the governance of reasons and rules has led to structural tensions around three facets of the exercise of public power:decision-making,implementation,as well as supervision and accountability.For this reason,the transformation,upgrading and innovative development of digital administration necessitate the corresponding regulation of the rule of law and active response.Specifically,the synergistic integration of digital administration and the rule of administrative law should be realized through paths such as promoting the unity of means and purpose values of digital administration in a people-centered manner,strengthening the legal regulation of algorithmic administrative decision-making,adopting the principle of equivalence and consistency of power and responsibility,and clarifying the logic of attribution of responsibility in digital administration.
digital changedigital administrationrule of administrative lawsynergistic integration