Research On Administrative Law Issues Of Artificial Intelligence Governance

As a disruptive technology,the advent of artificial intelligence has changed the traditional economic and social development model.It has not only impacted the foundation of law and ethics,but also increased the difficulty of protecting civil rights such as privacy and equality.How the government encourages the innovative development of the artificial intelligence and economy,while responding to the security risks and challenges that may follow.It is not only an inevitable requirement for building a socialist country under the rule of law,but also an important topic in response to public expectations.As for administrative law,the mission of the artificial intelligence era is to provide a legal guidance path for the smooth development of administrative organs' governance activities based on the perspective of rights and obligations,and to regulate the scientific,democratic,efficient and standardized operation of administrative power,and to build a rule of law for artificial intelligence governance,to achieve the goal of building the rule of law serving the law-based governance.The thesis takes the artificial intelligence governance activities of government as the research object,with the aim to dig out the current issues and countermeasures of administrative law in the artificial intelligence era.The thesis takes the development and protection of artificial intelligence as the governance concept,and the connotative dimension of artificial intelligence governance as the starting point and end of the review.Based on the normative and empirical analysis,the thesis analyzes "governance artificial intelligence" from the tool dimension and "using artificial intelligence to governance" from the object dimension,and then explore how to reposition the role of government.The full text is divided into five chapters:The first chapter mainly discusses the theoretical basis and administrative law issues of artificial intelligence governance.Artificial intelligence governance means the diversity of governance subjects,with the government as the leading role,and the participation of multiple subjects;the decentralization of governance power,each subject has corresponding power;the rule of law in governance methods,and governance is based on the rule of law as the core method and basis;equality of governance relationship,seeking equality and cooperation relationship between governance subjects and governance objects,not confrontation.The ultimate goal of artificial intelligence governance is to achieve good governance,that is,to maximize public benefits and minimize risk losses through the governance of artificial intelligence.Soft law governance theory,administrative process theory,and risk administration theory provide basic principles and theoretical support for the realization of artificial intelligence governance goals.The existing civil law and criminal law legal systems have inherent functional defects in the artificial intelligence governance process,which cannot meet the objective governance needs.With the increasing importance of artificial intelligence,corresponding system construction and practical applications have gradually emerged in our country,and It has been made a significant progress.At this stage,the choice of dimensions of artificial intelligence governance should be based more on the object dimension and the tool dimension,and the subject dimension does not have the value of practical application and theoretical discussion for the time being.From the object dimension of governance,the subject of whether the administrative law system can cover the governance of artificial intelligence by administrative organs is extended;from the dimension of governance tools,the subject of whether the behavior of administrative organs using artificial intelligence will infringe the legal rights of administrative counterparts is extended.And the changes in governance objects and methods extend the topic of how the government should transform its role to achieve governance goals.These three administrative law issues constitute the research focus of the full text.The second chapter starts from the two dimensions of theory and reality,and sequentially analyzes the possibility of artificial intelligence becoming the subject of law,and the government's practical problems in artificial intelligence governance.So as to provide support for exploring whether the boundaries of administrative law should be expanded in the process of artificial intelligence governance.In theory,from the perspective of the composition of the legal relationship subject,artificial intelligence has a certain degree of behavioral ability at this stage,and its ability of rights and responsibilities have no obvious obstacles at the system level.In order to solve the current and future applicable dilemmas,it is necessary to combine the laws of artificial intelligence development and give artificial intelligence limited administrative legal subject qualifications in a timely manner.Artificial intelligence promotes the gradual transformation of administrative legal subject theory from single to open.At different stages,its subject qualifications also have different connotations.The administrative legal subject theory needs further research to reserve theoretical space for the development of artificial intelligence.In reality,the government's governance of artificial intelligence generally needs to be achieved through the governance of artificial intelligence companies.However,with the help of the development and growth of artificial intelligence,companies have gradually mastered the dominance and control power or ability of their users,which actually constitutes a kind of artificial intelligence "empowerment".The companies as the governance object has become the subject of governance to some extent,leading to the deviation of traditional gover nment governance.From the dual governance structure of "government-artificial intelligence enterprise" and "government-citizen" to "government-artificial intelligence companies-citizen(user)" ternary governance structure.On the one hand,the empowerment of companies by artificial intelligence has broken away from the traditional legal framework and it has become a regulatory vacuum.On the other hand,the pursuit of economic interests by companies has led to their own lack of motivation to "exercise power by law".Under the influence of the dual factors of loss of objective restraint and subjective will,the risk of infringement of the legal rights of the society as a whole and individual citizen has suddenly increased.Which has become an important part of the social risk of artificial intelligence.In the face of the test of increasing difficulty i n governance,the key to solve the problem lies in expanding the scope of administrative law in good time,strengthening the argumentation and research on the theory of legal relations,and promoting administrative organs to pay attention to artificial intelligence companies.And establishing a legal system for the operation of power in the process of artificial intelligence governance,to regulate the administrative power and protect the legal rights of all parties.The third chapter mainly takes personal information as the object of analysis,and explores whether the using of artificial intelligence to governance has infringed on the rights of administrative counterparts.As a technical tool,the emergence of artificial intelligence provides more possibilities for enriching the content and value of personal information.Technology promotes that personal information has the dual rights attributes of personality rights and property rights.The electronic personal information of citizens in data storage has also become a symbol of citizens at the virtual level,so that personal information has the attributes of citizenship and carries the important content of civil rights.With the increase in the value of personal information and the development of artificial intelligence technology,administrative organs have gained more mastery of citizens through using of personal information.Essentially,the development of the ability means that administrative power is,in fact,expanding.However,the construction of supporting laws has not yet adapted to this change.As a result,the operation of power lacks effective legal supervision,and the rights of administrative counterparts are at risk of infringement.Therefore,it has a certain degree of urgency and practical significance to construct an administrative counterpart's rights protection system with personal information rights as the core.One of its theoretical foundations is the theory of privacy.Due to the development of artificial intelligence,the scope of privacy is in a dynamic changing.In the past,it could not be used as private information,and gradually has the characteristics of privacy.While confirming the value of personal information and realizing the protection of the content of the rights of the counterparty,the theory of privacy appropriately limits the scope of personal information rights in order to maintain the balance between public and personal interests.The second is the theory of information self-determination.This theory affirms that citizens,as subjects of rights,have absolute right to decide and control personal information;at the same time,it also recognizes that based on the obligations of social welfare providers,the government's use of citizens' personal information is legitimate.However,the use of personal information cannot be unrestricted.It must strictly follow the law and take public interest as the goal.Acts beyond the legal authority may facing the risk of invalidation.The construction of the system should focus on the content of the right to confirm personal information rights,adhere to the principle of administration by law,the principle of protecting human rights,the principle of administrative openness,and special principle.Focusing on establish the collection system,utilization system,security protection system,and relief system of personal information.The fourth chapter is mainly based on the legal application dilemma caused by artificial intelligence governance,discusses how the government's role should be positioned and realized.In order to pursue the maximization of public interests and balance the interests of multiple subjects,cooperative governance has entered the field of artificial intelligence governance.Taking advantage of the professional knowledge,technology,and funds of the social subject,it can effectively reduce the administrative burden and promote the change of ideas and system innovation in our country's social governance.On the one hand,as a form of governance,cooperative co-governance has become an alternative solution to effectively respond to artificial intelligence governance needs and resolve governance crises;on the other hand,it strives to build a multi-element social governance rule system to solve the power allocation dilemma,expand social tension,form a pattern of co-construction,co-governance and share.It has became the key to repositioning the government's role.As the role changes,the obligations assumed by the government also urgently need to be updated accordingly.One of the important manifestations is the increase in risk prevention obligations.Based on the existence of risks,the infringement of risks to legal interests,and the inescapable obligation of government to deal with risks,the necessity of increasing government risk prevention obligations can be affirmed.The function of the rule of law,the actual needs of risk prevention,and the control of power beyond the boundaries,determine that risk prevention must adhere to the rule of law.The legalization of artificial intelligence risk prevention should establish a risk research framework based on risk assessment,risk management,and risk communication.In order to adapt to the repositioning of the governance role and the changing of governance goals,the government should enrich the choices of governance methods and realize the transformation of "positioning determines goals" and "goals determining paths".Specifically,the first choice for the realization of government responsibilities is to shift from traditional hard-law of national to more flexible norms,such as technical standards.Although they do not belong to the form of legal norms,they have normative attributes,and take substantive effects in administrative judicial judgments,individuals,and other fields.And they can become an important component of the artificial intelligence administrative law governance system.The second is to shift from mandatory and regulatory administrative actions to incentive and regulatory administrative actions,such as administrative guidance.As an important means of artificial intelligence governance,it can strengthen the guidance of practitioners,reduce unnecessary administrative intervention,and take low administrative cost to achieve the goal.The fifth chapter discusses the main conclusions based on the analysis of the full text.The first is to expand the territory of administrative law in a timely manner and improve the construction of administrative legal system.The second is to speed up the legislative work of personal information and build a system for protecting the rights of administrative counterparts.The third is to build the concept of cooperative governance and reposition the government's role.The fourth is to reform the government's risk prevention obligations and adapt to the changing role of the government.The fifth is to enrich the options for the realization of government responsibilities.