Research on the Impact of Algorithmic Administration in Administrative Law Enforcement on the Rights of the Counterparties
With the rapid development of science and technology,artificial intelligence plays an increasingly important auxiliary role in the construction of the rule of law.Compared with legislative power and judicial power,the execution mode of administrative power has a similar repetitive and mechanical nature to the be-havioral mode of artificial intelligence.Therefore,the administrative law enforcement power is more easily influenced by artificial intelligence.Relying on big data analysis,algorithms empower administrative law en-forcement to govern administrative counterparts.Although it has an efficiency advantage at the objective level,it may cause hidden harm to citizens'procedural and substantive rights.When algorithms empower ad-ministrative law enforcement,it is necessary to clarify the correct positioning of algorithmic administration,take the basic principles of administration as the yardstick to optimize algorithmic administration,and realize the protection of the basic rights of administrative counterparts,such as the right to know,the right to choose,the right to participate,as well as the rights to equality,privacy and relief,from four aspects including the technology itself,administrative procedures,data processing and decision-making processes.This measure enables the governance of algorithmic administration to achieve a benign connection and integration between standardization and the rule of law,and gradually leads administrative law enforcement into the era of intelli-gent governance based on algorithmic trust.
algorithmic administrationprocedural legitimacyadministrative law enforcementrights of ad-ministrative counterparts
NETL
NSTL
万方数据
