Due Process Risks and Corrections in Algorith Administration
Algorith administration has reshaped the way in which administrative acts are made,helping to realize the value of efficiency,but the emphasis on technological governance has also posed challenges on administrative due process.The complexity of the systems of algorithm administration and the privatized operation of platforms impede the realization of administration publicity.The instantaneous nature of administrative acts leaves the public on the sidelines.At the same time,because the human-computer interaction model adopted by algorithm administration is unable to reasonably judge the causality between administrative discretion and factual norms,the function of explaining reasons in due process is eliminated.Therefore,when algorithm administration to serve the construction of a law-based digital government is applied,it is necessary to return to the ontological values of administrative due process,adhere to the subjectivity of people under the path of integrated development of algorithmic technology and the rule of law,and realize transparent government by disclosing the the basic principles of algorithms.Besides,social groups should be incorporated into algorithmic review to realize the democracy of the process,and at the same time,the administrative counterpart should be given the right to apply for algorithmic interpretation of individual cases in order to improve the effectiveness of justification.
国家科技期刊平台
NSTL
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