With the rapid development of science and technology,we have entered an interconnected network era.Especially in the past two decades,the development of artificial intelligence,big data,Internet of things and other technologies has constantly changed our daily lifestyle and work style.While changing our way of life,it also promotes the intellectual of the administrative system,and gradually forms "automated administration" in practice.Automated administration has great advantages over traditional administration in administrative governance,but it also produces new legal problems.This paper intends to sort out the legal risks of the application of automated administration in China,and analyze the current situation and existing problems of the legal regulation of automated administration in China.The first part mainly introduces the background and significance of the research on automatic administration,and analyzes the research status at home and abroad.The second part first introduces the definition of automated administration,and analyzes the types and characteristics of automated administration;Then it discusses the legal risks in the process of automatic administrative application.The third part mainly describes the current situation and existing problems of the legal regulation of automated administration,including the lack of specific responsibility subject and responsibility principle of automated administration,the lack of clear provisions on the application of automated administration,the insufficient protection of the procedural participation right of the infringe and the backward supervision mode.The fourth part starts with the regulation problem,and puts forward some suggestions to improve the legal regulation of automatic administration.The first is to clarify the subject of responsibility,the second is to limit the scope of application of automatic administration,the third is to standardize the algorithm and protect the rights of the opposite party through the construction of technical due process,and the fourth is to improve the supervision mechanism of automatic administration from the aspects of supervision subject and supervision tools. |