Legal Regulation Of The Risks Of Applying AI In Administrative Management

The innovation and upgrading of artificial intelligence accelerate the breadth and depth of its application in the administrative management field.Intelligent governance scenarios such as smart city have become important links in the application of artificial intelligence.While enjoying the various conveniences provided by intelligent technology,the application of artificial intelligence to the administrative management process also brings risks such as reducing the legitimacy of administrative decision-making,the damage of the integrity of administrative law enforcement power and the reduction of the effectiveness of administrative supervision.Therefore,it is particularly important to form an effective risk regulation system for the application of artificial intelligence.The characteristics of the new risk show that the strength of an individual is not enough to combat the risk.The universality of the adjustment object of administrative law and the direct of regulation means make it play a greater value in the process of risk regulation.In addition to the introduction and conclusion,this article is divided into the following four parts:The first part is an overview of the application of artificial intelligence in administrative management.As a disruptive technology,artificial intelligence is supported by big data and algorithms,and completes various instructions and tasks through continuous training and deep learning.In recent years,the application of AI in administrative management has been continuously deepened,for example,it has played an important role in promoting intelligent law enforcement and intelligent judicial construction.However,due to the extensiveness of data collection and utilization and the opaque nature of algorithms,the application of AI in administrative management has produced many risks.Therefore,it is extremely necessary to take artificial intelligence as the object of research and to regulate the risks arising from its application.The second part is the risk analysis of the application of artificial intelligence in administrative management.From the perspective of the entire administrative process,the introduction of artificial intelligence in administrative management will cause many risks.In the process of administrative decision-making,the limitation of artificial intelligence rights and behavioral capabilities will reduce the legitimacy of administrative decision-making,whether from the perspective of decision-making subject,content or decision-making procedure.In the process of administrative law enforcement,the embedding of artificial intelligence technology not only causes the risk of dismemberment of the discretionary power of administrative organs,but also threatens the indisposability of law enforcement power.In addition,the principle of consistency of rights and responsibilities is an important principle of administrative law,and the problem of separation of artificial intelligence law enforcement responsibilities and rights exercise also needs to be solved urgently.In terms of administrative supervision,the lack of public participation due to the opaque nature of algorithmic procedures reduces the effectiveness of administrative supervision.The third part is to explore the theoretical basis of risk regulation through law.From the perspective of the generation of risks,the advancement of technology and the advent of risks are synchronized.The risk society theory explains the source of risk,and demonstrates the inevitability of risk as well as technological progress.The occurrence of risk that threatens human development is the reason for its regulation.The theory of human rights protection gives a clear answer to this.The development of artificial intelligence has caused great difficulties for the protection of citizens’ rights such as equality,freedom and dignity.The proposal of the fourth generation of human rights such as digital human rights is the reform and improvement of human rights protection in the new era.In the face of the rapid advancement of artificial intelligence technology,the legal control theory clarifies the important significance of law in realizing social control.The authority,stability and clarity of the law can play a good regulatory effect on the risks brought by the application of artificial intelligence,and is conducive to maintaining the stability of social order.Following due process of law is an important way for administrative law to regulate AI risks.The above theories are demonstrated based on the logical lines of the occurrence of risks,the reasons for risk regulation and the methods of risk regulation,which lay an important theoretical foundation for the application of artificial intelligence in risk regulation in administrative management.The fourth part explores the legal regulation path for the risk of applying artificial intelligence in administrative management.Based on the perspective of the entire administrative process,this paper proposes three regulatory measures to strengthen the legitimacy of administrative decision-making,ensure the integrity of administrative law enforcement power,and improve the effectiveness of administrative supervision.First,decision-making in accordance with the law requires that the decision-making authority,content and process should comply with laws,regulations and rules.The article supports the confirmation of the limited legal subject qualification of artificial intelligence to ensure the legitimacy of decision-making subjects,and at the same time strengthens the legitimacy of the administrative decision-making process through the disclosure of administrative decision-making information.Second,administrative management should follow the principle of administrative proportionality when using artificial intelligence to enforce the law.Matters with a high degree of human nature should still be completed by administrative law enforcement personnel,and artificial intelligence will play an auxiliary role in law enforcement when necessary.At the same time,the unity of power and responsibility should be strengthened,so that the integrity of administrative law enforcement power can be effectively guaranteed.Third,the application of artificial intelligence in administrative activities should enhance the degree of public participation,play an important role in public supervision,prevent the imbalance of the "power-rights" pattern,and promote the combination and development of administrative management and artificial intelligence technology.