Author(s)

Sun Shengyuan

Corresponding Author

Sun Shengyuan

Abstract

Automated administrative penalties have played a positive role in enhancing administrative efficiency and reducing human interference. However, they have also raised many issues, such as algorithmic opacity, simplification of legal procedures, difficulty in fully safeguarding the procedural rights of the parties involved, and mismatch between penalties and faults. These problems have led people to question whether they are in line with the principle of law-based administration. This article takes the excessive penalties imposed by traffic "electronic police" as an example to explore the legal basis and challenges of automated administrative penalties, analyze the root causes of their legal predicament, and propose paths to improve the legal control of automated administrative penalties. The research suggests that a composite institutional system covering rule design, procedure reconstruction, technological governance, and supervision and checks should be established to achieve a balance between efficiency and justice, innovation and restraint, and promote the realization of the goal of building a digital rule-of-law government.

Keywords

Administrative Penalties, Law-Based Administration, Law-Based Supervision and Regulation, Law-Based Government