The Legal Logic and Limit of Government Automatic Decision-Making Responsibility Identification
Government automatic decision-making is a kind of administrative act that is participated by artificial intelligence,partially or completely replaces the participation of administrative subjects,and realizes the automation,unmanned and even intelligence of the administrative behavior process,so as to produce external legal effects.The significance of administrative automation decision-making has a prominent significance in improving administrative efficiency and adhering to the decision-making neutrality,but many aspects are still exposed,especially in the doubt of the responsibility identification standard,the difficult identification of the responsibility subject,the fuzzy division of the scope of responsibility and the confusion of the tort compensation standard.Based on this,the responsible subject of government automated decision-making should be clarified according to the principle of actual participation and the concept of freedom of contract;clarify the scope of responsibility of government automated decision-making;improve the supervision and evaluation mechanism of government automated decision-making;form the relief mechanism of algorithm interpretation right,algorithm rejection right and damage assessment standard.
government automation decision-makingadministrative efficiencyresponsibility determinationresponsibility subjectscope of responsibility
NETL
NSTL
万方数据
维普
