Research On Due Process Of Automated Administration

The "Implementation Outline for the Construction of a Rule of Law Government(2021-2025)" issued by the Central Committee of the Communist Party of China and the State Council clearly proposes the basic path and target requirements for "comprehensively building a digital rule of law government".Automated administration is a key link in promoting the construction of a digital rule of law government,which can be widely used in areas such as administrative licensing,administrative expropriation,and administrative penalties,greatly improving administrative efficiency and enhancing the scientific nature of administrative actions.However,automation can also generate many problems in actual operation,and it is particularly important to be vigilant about the erosion of due process by automated administration.Therefore,based on the adherence to the principle of due process,this article examines the problems that arise in automated administration and proposes corresponding regulatory measures.This article mainly discusses the following three aspects:The first part is the general theory of automation administration and due process,which is specifically developed from two perspectives.First,the basic theory of automation administration is expounded,the nature and hierarchy of automation administration are clarified,and the practical advantages of automation administration are interpreted.The second is to elaborate the general theory of the principle of due process,analyze the connotation,elements and value of due process,and clarify the necessity of following the principle of due process under the background of building a government under the rule of law,so as to better explore the conflict between automatic administration and due process in the following.In the second part,based on the application of automated administration in practice and specific legal regulation,the challenges brought by automated administration to due process are elaborated and the reasons behind them are analyzed.In general,the challenges of automated administration to due process mainly include the following points: first,the lack of procedural participation rights of administrative counterparts,and second,the insufficient implementation of procedural obligations of administrative organs,which are contrary to the requirements of administrative openness and public participation embedded in the principle of due process;third,on the basis of analyzing the operation principle of automated administration,we discuss that personal information in it may face the problem of excessive collection and use Third,based on the analysis of the principle of automated administrative operation,we discuss that personal information may be over-collected and over-used,but the safety management of personal information is particularly insufficient.Fourth,the development to the stage of litigation,the administrative relator’s rights remedy procedures are not perfect.The reasons for this are mainly two factors: one is the objective deficiency of algorithm technology;the other is that the administrative organ and the administrative relative are easily caught in a subjective dilemma.The third part is the relevant regulatory path for the problems and reasons in the second part.Based on the theoretical analysis of automated administration and due process principles in Chapter 1,the idea of "classification" is used throughout this part,and the challenges brought by automated administration to the due process principles can be improved by correcting the procedural participation rights of the relators,urging the administrative organs to fulfill their procedural obligations,paying attention to the protection of personal information and improving the rights In order to promote the healthy development of the automated administration,it is possible to improve the procedures in terms of correcting the right to participate in the procedures,urging the administrative organs to fulfill their procedural obligations,paying attention to the protection of personal information and improving the remedial procedures.