Research On The Risk Regulation Of Commercial Automation Decision-making And Its Administrative Law Improvement

The specific risk types of commercial automated decision-making include black box risk,discrimination risk and privacy risk.In a specific field,specific types of risks will be transformed,resulting in political risks,employment risks,and information cocoon risks.In the end,all commercial automation decision-making risks will be coupled with each other to form a systemic risk.In order to regulate the risks of commercial automation decision-making,there are three regulation models.They are the expert rational model of risk regulation that realizes the rule of law through scientific rationality,the interest representative model of risk regulation that realizes the rule of law through democratic participation,and the market adjustment model of anti-"risk regulation".In the process of risk regulation,a series of legalization problems have also emerged.Including the legitimacy problem of risk allocation,the efficiency problem of risk regulation and the procedural problem of risk regulation.By learning from the practical experience of the United States,the European Union and Canada,in the process of commercial automation decision-making risk regulation,the protection of individuals in the regulatory process should be emphasized.The scope of regulation should be supported by scientific and empirical experience,and at the same time should pay attention The role of information disclosure and public participation in reshaping community culture.By comparing the pros and cons of each regulation models,analyzing the rule of law problems that arise in the process of risk regulation,and drawing on regulatory experience from outside the territory,the optimization of administrative law for commercial automated decision-making risk regulation should proceed from the following four paths.The first is to construct the basic principles of commercial automation decision-making risk regulation,including the necessary mandatory principles,precautionary principles and rights protection principles.The second is to establish a three-level evaluation mechanism.Including the "scientific selfcertification" rational risk assessment mechanism,the "social recognition" perceptual risk assessment mechanism,and the "national security" sovereign risk assessment mechanism.The third is to establish a soft legal obligation system for users of business automation decision-making.The first is to optimize the review obligation based on the user's penalty power for commercial automation decision-making,and the second is to construct a counterfactual interpretation obligation based on the result of commercial automation decision-making.The third is to strengthen the obligation to assist users based on business automation decision-making data rights.The fourth is to improve administrative supervision measures for business automation decision-making.Including clarification of supervisory responsibilities,improving supervisory procedures and upgrading administrative supervisory tools.