Research On The Legal Regulation Of Automated Administrative Penaltie

Automated administrative punishment is a new way of administrative punishment formed by the application of artificial intelligence,algorithms,big data analysis and other technologies in the field of administrative punishment.Compared with traditional administrative punishment,automated administrative punishment has more advantages in saving law enforcement costs,improving law enforcement efficiency,ensuring law enforcement justice and ensuring law enforcement safety.However,at present,the research on automated administrative punishment in China is still in its infancy,and there is no special legislation on automated administrative punishment.At present,there are some legal risks in the practice of automated administrative punishment,such as the administrative risk under the application of algorithms,the risk of weakening the ability of administrative law enforcement personnel,the risk of damage to personal information rights and interests,and the fuzzy risk of responsibility.By investigating the relevant practice of overseas automated administration,the enlightenment to the development of automated administrative punishment in China is obtained.According to the existing legislative provisions and actual development of automated administrative punishment in China,this paper puts forward the legal regulation path for the development of automated administrative punishment.By strengthening the legal control of the algorithm,defining the applicable scope of automated administrative punishment,defining the responsibility and relief path of automated administrative punishment,ensuring the procedural rights of the counterpart of automated administrative punishment and the supervision mechanism,we can improve the development of automated administrative punishment and realize the deep integration of science and technology and government management.