The application and regulation of administrative discretion in the era of artificial intelligence

Abstract

The advent of the era of artificial intelligence makes it possible for administrative subjects to use intelligent machines and systems to engage in administrative activities. Among them, the administrative discretion, which is the core of administrative law, is particularly concerned about the use of artificial intelligence. In the era of weak artificial intelligence, intelligent administrative discretion has been widely used in all aspects of administrative law enforcement, but there is a phenomenon that administrative subjects are negligent in exercising discretion. Looking forward to the era of strong artificial intelligence, artificial intelligence machines or systems may have the ability and power to independently exercise administrative discretion, but they cannot become the real administrative discretion subject. Intelligent administrative discretion is conducive to administrative efficiency and guarantees the fairness of administrative behavior, but it also faces legal risks such as unfair results of discretion, opaque algorithm settings, and weakening of government functions. Only by strengthening the legal basis, protecting the rights of the counterparty, improving the accuracy of the algorithm, and improving the status of the administrative subject can the administrative discretionary behavior under the background of artificial intelligence be effectively regulated.