Digitalisation of Administrative Discretion Legal Risks and Responses

Abstract

In the context of the construction of a digital rule of law government, the digitisation of administrative penalties has been widely used in law enforcement practice, enhancing the efficiency and objectivity of administrative penalties. However, there are certain legal risks associated with digitised discretion: the algorithmic black box contradicts the principle of administrative openness, the procedural rights of the administrative relative are ignored, justice in individual cases is sometimes difficult to be achieved as well as the definition of the responsible subject is vague. For this reason, the risk-building programme should be improved through the construction of a transparency mechanism and a dynamic adjustment mechanism, the improvement of administrative procedures, and the clarification of the subject of responsibilityr.