Research On Legal Regulation Of Automated Administrative Behavior

The making of traditional administrative acts is subject to limited law enforcement resources and methods,and a large number of administrative violations cannot be detected and handled,resulting in low efficiency of law enforcement.The instantaneous nature of algorithmic decision-making in automated administrative actions by administrative agencies has greatly improved administrative efficiency,freeing administrative staff from the heavy workload and focusing on dealing with complex and difficult cases.This is the reason why the scope of application of automated administrative actions in the field of administrative management has been continuously expanded.The practice of automated administrative behavior has become a common phenomenon in the context of continuously promoting the construction of digital government.The use of automated administrative behavior by administrative agencies in an increasing number of administrative areas is a means of achieving efficient law enforcement,an important measure to accelerate the construction of digital government,and has triggered a change in the way administrative law enforcement is conducted.It is both an opportunity of the times and a practical challenge for the government.Due to the innovation of technology,automated administrative behavior is difficult to be incorporated into existing administrative behavior theories,which poses challenges to the rule of administrative law and has to some extent hindered the rapid development of automated administrative behavior practice.Many theoretical elements of automated administrative behavior and legal issues in practice urgently require academic attention and legislative response.Therefore,it is particularly important to conduct research on legal regulation of automated administrative behavior.This article first defines the concept,classification,application fields,characteristics,and legal effectiveness of automated administrative actions.Secondly,it identifies the subject and scope of application of automated administrative actions,the challenges that automated administrative actions pose to administrative due process,and the problems that exist in the relief of automated administrative actions.Finally,based on the experience of legal regulation of automated administrative acts in Germany and the United States,this paper proposes regulatory strategies to clarify the power boundaries of administrative organs in exercising automated administrative acts,improve procedural rules for automated administrative acts,and improve remedies for automated administrative acts.