Research On Automated Administrative Act

With the progress of computer science and technology,as the embodiment of the progress of administrative governance,automated administrative act has emerged.Automated administrative act refer to administrative subjects exercising their functions and powers by means of automation,which can produce direct or indirect legal effects on human rights and interests.Automated administrative acts can be applied to administrative penalties,administrative levy and administrative licensing,which is conducive to improving administrative efficiency,promoting the fairness of law enforcement,facilitating the relative person and enhancing the scientific rationality of administrative actions.Even if discretion does not exclude automation,automated administrative act may weaken the ability of government governance,impair case justice,threaten the principle of rule of law and impair the procedural rights of the counterpart.In order to solve the problems existing in the automated administrative act,we can start with the regulation,procedure and relief of the automated administrative act.At the regulatory level,it mainly considers from two directions: technical regulation and applicable conditions.Algorithms are the key to technical regulation.In public utility scenarios,transparency and interpretability of algorithms are indispensable.However,the inexplicability of machine learning,especially in deep-learning,aggravates the difficulty of algorithm regulation.As far as automation is concerned,it should be applied cautiously when it involves the personal rights and major property rights.In terms of legislative technology,the application of automation in some fields can be prohibited by means of legal reservation.In the field where administrative organization have extensive discretion,the principle of rule of law is less threatened and self-learning discretion can be applied.At the same time,in the automatic discretion,the participation of administrative law enforcers is indispensable.At the procedural level,three aspects are discussed: notification,effective time and option.First of all,the administrative organization enjoy the discretion space of "informing by electronic means",the premise of which is "the consent of the administrative counterpart".Secondly,the effective time for the administrative counterpart to submit electronic documents to the administrative organization shall be subject to the automatic confirmation of the administrative organization.To reach the effective point of the administrative counterpart,it can be regulated by the proposed click notification clause at the end of the time limit.Finally,the administrative counterpart has the option of procedure.The administrative counterpart may refuse to apply or choose to apply automation systems based on different considerations.On the relief level,the administrative counterpart can seek relief through administrative reconsideration and administrative litigation.Automation system is only the carrier of administrative action.Different carriers will not change the legal relationship between administrative organization and administrative actions.Therefore,when the legitimate rights and interests of the counterpart are infringed by automated administrative acts,the counterpart can still seek relief through administrative reconsideration and administrative litigation.