Algorithmic administration in the framework of due process: challenge relief and regulatory reconstruction
Wang Pan
School of Law, Shandong University
Abstract： The incorporation of algorithmic automated decision-making opens up the governance paradigm of ‘a(chǎn)lgorithmic administration’ for administrative governance activities. This paradigm signifies the adoption of algorithmic automated decision-making by government agencies in the context of the big data era, in order to achieve a high level of automated administrative governance. While algorithmic administration brings advantages such as precision and efficiency, it also poses risks and challenges to the principle of due process due to its own characteristics. In view of the fact that algorithmic administration relies on the governance tool-algorithmic automated decision-making, due to its self-learning, black-box nature and the characteristics of extremely fast response, there are deficiencies in the form of lawfulness, democratic process and other key aspects, which is prone to raise public doubts about the legitimacy of the algorithmic administration governance model. Therefore, it is particularly important to place algorithmic administration under the framework of due process. In this regard, it is urgent to construct a set of procedural regulation system integrating prevention beforehand, supervision during the process and relief after the process, so as to alleviate the challenges of algorithmic administrative activities and reconstruct the regulation.
Key words : algorithmic administration; due process; algorithmic automated decision-making; administrative rule of law
