w88 casino News Network (provided by the Law w88 casino)On May 7, the "Digital China and Administrative Law Innovation" seminar co-organized by the w88 casino w88 casino of Law and the Foreign Rule of Law Institute was successfully held in Conference Room 222 of the Administration Building of the w88 casino. This conference aims to focus on the construction of the rule of law in the digital era, build a bridge between theory and practice, and conduct in-depth discussions on the impact of digital technology on public administration and administrative law, with a view to promoting the innovation of administrative law. Experts and scholars from the China Law Society, Guangdong University of Foreign Studies, Peking University, Tsinghua University, China University of Political Science and Law, Central University of Finance and Economics, Beijing Normal University, People's Public Security University of China, Southwest University of Political Science and Law, the Editorial Department of "Law and Business Research" and other units, as well as practical experts from the Ministry of Education, the Road Traffic Safety Research Center of the Ministry of Public Security, the Beijing Municipal Affairs Service Administration, the Beijing Municipal Market Supervision Bureau and other units attended the meeting and gave speeches. Some teachers and students from the Law w88 casino of the w88 casino, the Institute of Foreign Law and the w88 casino of Information participated in this meeting.
The opening session of the conference was hosted by Professor Mei Xiaying, Dean of the Law w88 casino of the w88 casino, and Professor Wang Jingbo, Vice President of the w88 casino and Dean of the Institute of Foreign-related Law, delivered a welcome speech. Wang Jingbo said that the "Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025)" clearly puts forward the requirements for building a digital government under the rule of law. This conference invited experts and scholars who have made outstanding achievements in digital rule of law research. It is hoped that through the discussions at the conference, the academic community will continue to pay attention to administrative law issues in the digital era and pay attention to the profound impact of digital technology on public administration and administrative law. At the same time, this conference also invited experts from other disciplines and practical departments, hoping to promote dialogue between theoretical and practical circles on the construction of the rule of law in the digital era and promote in-depth exchanges between different disciplines. Wang Jingbo expressed the hope that in the future, we can promote the birth of more high-quality research results by holding a series of seminars and other methods.
In the "Keynote Speech" stage of the first unit, Gan Zangchun, vice president of the China Law Society and former party member of the Ministry of Justice, proposed that the digital age has brought challenges and updates to administrative law theory in five aspects: One is the classification of administrative behavior between traditional administrative law and modern administrative law. Service administration is becoming another tool in addition to intervention administration and payment administration. There are special administrative methods; the second is the issue of changes in administrative legal relations in the digital age. The rise of platforms has led to the complexity of public and private law relations; the third is the issue of how to define data rights in the digital age; the fourth is the issue of organizational law caused by digital technology improving government management methods and narrowing the management radius; the fifth is the issue of the in-depth integration of law and science and technology ethics in the digital age.
Yu An, professor of the w88 casino of Law at Guangdong University of Foreign Studies and chief expert of Yunshan Studio, expressed his opinions on the legal form of government operating entities in the digital era, the basis for digital government decision-making, the construction of digital administrative law, and the construction path of digital government. Yu An believes that data resources have improved the government's public administration capabilities, but there are limits to its use. The specific methods of data application will greatly reshape the relationship between the government and the audience. As far as the structure of digital administrative law is concerned, in terms of organizational law, the overall government should be used to determine the power structure between administrators and those with ultimate responsibility. In terms of behavioral law, precise supply and precise regulation can be achieved through digitization. The relationship between government and enterprises in the construction of government digital platforms is a key issue in the construction of a digital legal government.
Wang Xizhen, professor at Peking University Law w88 casino, executive dean of the Institute of Rule of Law and Development at Peking University, and editor-in-chief of "Chinese and Foreign Law", believes that digitalization has fully penetrated into the administrative process from the fields of commercial activities and social relations, thus creating the problem of "digital governance" and forming a new national governance technology. The deep integration of technological power and national administrative power constitutes the underlying logic of the “digital administrative state”. Digital technologies such as big data, artificial intelligence, and algorithms are in line with the goals of national risk management and control and can effectively make up for the deficit in national governance capabilities. However, digital governance has the characteristics of self-reference and self-reinforcement, and lacks the ability of external reflection and error correction, which leads to a tense relationship with the rule of law. In the future, we need to make coordinated efforts in three aspects. The first is to be aware of the risks brought by digital administration, and at the same time, we must not give up because of choking. We must pay equal attention to development and standardization and continue to promote administrative digitalization; the second is to promote the legalization of digital and incorporate digital administration into its framework through the innovation of administrative law; the third is to realize the intelligence of the rule of law and promote the upgrading of the rule of law.
Professor Xie Zhiyong, dean of the Institute of Comparative Law at China University of Political Science and Law and editor-in-chief of "Comparative Law Research", discussed what rights are related to WeChat's 120-second withdrawal limit and how it should be regulated based on recent hot cases. Xie Zhiyong believes that the withdrawal of restrictions has affected the exercise of citizens' communication rights and actually leveraged constitutional rights. As a communication platform, WeChat's rules should originally be of private law nature, but when it becomes a public product, its power is already a social public power that must be bound by the constitution. Traditional power restraint methods cannot produce ideal results for this combination of social public power and technical power. In the future, new ideas such as using technology to restrict technology should be explored.
Professor Mei Xiaying, Dean of the Law w88 casino of the w88 casino, pointed out that digital technology has brought profound changes to the state’s organizational form and the operation of state power. Traditional society mainly presents a state of scarcity of information, which leads to rough governance. Information in the digital age is abundant, discrete, open and equal, and can penetrate the bureaucracy and empower grassroots governance. Mei Xiaying proposed that we should pay attention to four aspects in the future. First, we should pay attention to the value guidance of technology and guide technology with law and business; second, the use of digital technology should be limited, and digital technology should not be allowed to fully replace human discretion; third, give full play to the role of digital technology in empowering the grassroots; fourth, public law should play an important role in public issues such as personal information protection and data governance.
Professor Zhao Peng, Dean of the Institute of Legal Government of China University of Political Science and Law, pointed out that the penetration of digitalization into the entire economy and society has challenged the basic concepts of administration and requires a response. The combination of technology and technology, the combination of technology and power, and the combination of technology and the driving force behind it will form a specific system. Therefore, it is necessary to maintain a high degree of sensitivity to the changes brought about by technology. For example, the development of digital administrative law must pay attention to data and treat data as a certain element to regulate. Because data decisions are actually made based on presumptions, this changes the way administrative decisions are based on facts. Zhao Peng believes that personal information protection is an important connection point in the development of human rights in digital space, and personal space needs to be protected through the improvement of personal information protection rules; at the same time, the procedures of digital space must be reshaped to ensure that the basic value of due process is presented in the digital space.
The second unit is a practical experience exchange session, hosted by Kong Xiangwen, associate professor and assistant to the dean of the Law w88 casino of the w88 casino.
Wu Jing, Director of the Law Enforcement Coordination Division of the Off-Campus Education and Training Supervision Department of the Ministry of Education, introduced the current supervision situation of the off-campus education and training industry, and proposed that the use of digital empowerment supervision can effectively liberate manpower and improve supervision efficiency. Wu Jing introduced that the state relies on the National Comprehensive Platform for Off-Campus Education and Training Supervision and Services to display compliant institutions to parents and students and support their online course selection, purchase, cancellation, refunds, and complaints. At the same time, it can effectively realize the supervision of institutional funds, personnel, courses, etc., but issues such as the use of relevant data need to be further explored.
Xi Ying, director of the Information Construction Department of the Beijing Municipal Government Services Administration, introduced the overall background and main measures of the digital construction of Beijing Municipal Government Services. Xi Ying introduced that the digital construction of Beijing government services focuses on three sectors: service, supervision, and business, and is specifically promoted in areas closely related to the production and life of enterprises and people. Xi Ying proposed that the working mechanism of digital government construction may need to be further deepened through changes in organizational laws in the future. Government services centered on technology platforms may also trigger changes in organizational laws and regulations. At the same time, attention should also be paid to issues such as the boundaries of authority and responsibilities and ethical rules in automated decision-making, as well as issues such as data security and data responsibilities in government services.
Zhao Shubin, director of the Government Affairs Center of the Beijing Municipal Bureau of Market Supervision, introduced that the State Administration for Market Regulation and the Beijing Municipal Government signed an agreement to jointly build the National Market Supervision Digital Pilot Zone (Beijing). The Beijing Municipal Bureau of Market Supervision, as the specific responsible department, has done some work in government services and digital supervision. A lot of work: First, launch a digital service platform for enterprises, and electronic business licenses, notification and commitment systems, etc. have been widely used; second, continue to promote the construction of the credit supervision system; third, establish a unified three-level digital platform for law enforcement and case handling; fourth, establish a data center to promote internal and external data sharing. In addition, Zhao Shubin also expressed his opinions on data rights confirmation, the direction of optimizing business environment reform, and the trust mechanism in the digital era.
Zhao Sicong, assistant director and associate researcher of the Regulations Department of the Road Traffic Safety Research Center of the Ministry of Public Security, introduced the laws, regulations and technical standards, relevant technical principles and operating procedures involved in off-site law enforcement in the field of road traffic. ZhaoDivisionCong pointed out that off-site law enforcement using traffic technology monitoring equipment has played an irreplaceable role in maintaining safe and smooth road traffic. In recent years, in accordance with the requirements of the Administrative Punishment Law and other laws and regulations, the road traffic safety department has strictly strengthened the principles of legal review and promoted the further standardization of off-site law enforcement. In the future, a series of issues such as the limitations of off-site law enforcement, the determination of punishment targets, and the guarantee of the parties’ right to participate will need to continue to be discussed, and systematic provisions will be made in the future revision of the Road Traffic Safety Law.
Professor Chen Zhenjiao of the w88 casino of Information at the w88 casino introduced the specific applications of digital governance methods and tools in various fields. Chen Zhenjiao believes that the core point of e-government is to use information technology to reshape the government's administrative processes. The organizational form of the government will gradually become flat or even borderless, forming a "platform government." A platform-based government not only requires a technical platform, but also requires standards and general capability indicators for the management, supervision, and operation of the platform. This requires the support of the rule of law, which is an effective guarantee for the implementation of digital government. In addition, Chen Zhenjiao introduced typical practical cases such as administrative law enforcement based on big data, the impact of blockchain technology on the business environment, digital ecological environment governance, smart cities, smart villages, and ensuring digital government security.
The third stage is a roundtable discussion, hosted by Zheng Yafang, professor of the Law w88 casino of the w88 casino and deputy director of the Foreign Rule of Law Research Institute.
Professor Liu Quan, Vice Dean of the Law w88 casino of Central University of Finance and Economics, introduced the core issues faced by administrative law in the digital era. First, digital technology challenges traditional principles of administrative law. Automated administration creates a series of rationality issues, which may cause the principle of effectiveness and the traditional principle of proportionality to conflict with each other, further challenging the principle of due process. How to reconcile the conflict between principles and develop the traditional due process principle through technological due process requires further research. Second, digital technology poses challenges to administrative organizations. It is necessary to pay attention not only to the impact of digital government and digital agency construction on administrative organizations, but also to emerging entities that perform public functions such as platforms. Third, digital technology has an impact on administrative behavior. In addition to paying attention to the impact of automated administration and automated decision-making on traditional administrative behavior, we should also pay attention to platform behavior.
Professor Feng Zixuan, deputy dean of the w88 casino of Artificial Intelligence of Southwest University of Political Science and Law and executive director of the Digital Rule of Law and Government Research Institute of Southwest University of Political Science and Law, introduced the current practice of using digital technology to make accurate predictions, build collaborative governance mechanisms, and unify adjudication standards in administrative trials and administrative dispute resolution. He also expressed his opinions on how administrative trials should deal with the impact of digital technology construction. Feng Zixuan proposed that traditional administrative litigation mainly reviews administrative actions from the aspects of legal content and legal procedures. Digitalization will change the way and logic of administrative actions, posing challenges to the judicial review model. Whether the court has the ability to review technical issues and how to promote the balance between public power and private rights remains to be further studied.
Associate Professor Wang Jing of Beijing Normal University Law w88 casino pointed out that the relationship between humans and intelligent systems is not a simple relationship between manipulation and manipulation. From the perspective of social structure, it is still possible for people with technology to control people without technology. The combination of technology, power and capital deserves attention. Wang Jing believes that the development of technology cannot go back, and how to ensure that all parties act in accordance with the law within the framework of the rule of law requires further study. At present, the platform economy still needs to be further developed to promote social change. At the same time, the platform itself also needs to be reformed. The nature of the power of the platform should be clarified, the experience of platform governance should be further summarized, and the supervision of the platform economy also needs to be further strengthened.
Associate researcher Zhou Hui, deputy director (in charge) of the Network and Information Law Research Office of the Institute of Law, Chinese Academy of Social Sciences, believes that the proposition of Digital China and administrative law reform can be understood from two aspects. One is the government governance of the digital society itself, and the other is the rule of law in the process of government digitization. The two are essentially the integration of science and law, and they need to be dealt with based on the laws and logic of power and digital technology itself. Zhou Hui believes that in constructing new administrative law norms, first, we must consider organizational and subject issues; second, we must pay attention to the issue of openness and transparency of behavior; third, we must pay attention to corresponding relief and liability issues. The different roles of platforms as objects of authorization and entrustment, subjects of public governance, and non-public legal subjects may have different legal statuses.
Tan Binlin, assistant editor-in-chief and deputy editor-in-chief of "Legal and Business Research", expressed his opinions on the issue of automation of administrative penalty discretion. Tan Binglin proposed that the current automated judgment assistance system mainly focuses on effect judgment, and inputs relevant judgment factors into the system to draw conclusions to assist law enforcement. There is still very little practice in using automated decision-making from the perspective of element discretion. Uncertain legal concepts and the supplement of blank elements are two of the problems. If natural language can be identified as machine language or legal language, some exploration can be made at the level of empirically uncertain legal concepts, but it will be more difficult to deal with the uncertain concept of value. The essence of the blank requirement is a referral standard, which may help complete some work by retrieving and pushing similar cases. Tan Binglin believes that in the future, some auxiliary work, including the determination of essential requirements, can be completed by automated systems, but in principle administrative agencies cannot give up discretion.
Su Yu, professor at the Law w88 casino of the People’s Public Security University of China and dean of the Institute of Data Law, shared his views on due process issues in automated administration. Su Yu believes that there is currently a problem of lack of due process in automated administration, and the due process model needs to be transformed. From the perspective of mechanism design, due process is a game process, and good procedures will fall above the equilibrium point of the game. In the digital age, it is necessary to solve the problem of serious inequality between public institutions and individuals through empowering and empowering individuals, so that individuals can enjoy relatively sufficient due process protection. In addition, Su Yu proposed an ideal model for establishing technical due process.
Chen Tianhao, associate professor at the w88 casino of Public Policy and Management and adjunct associate professor at the w88 casino of Law at Tsinghua University, shared his academic views on the trust mechanism of artificial intelligence. Chen Tianhao believes that with the development of digital technology, both political and economic systems will undergo a process of dehumanization. A key issue in the future is how to establish trust when we face artificial intelligence systems and what role the rule of law will play in it. The key to trust does not lie in the credibility of ChatGPT answers, but in whether we have other mechanisms to replace trust between people.
Zheng Haiping, associate professor at the Law w88 casino of the w88 casino, discussed the impact of government digitization from three aspects: first, we must see the positive impact of government digitization. In the digital age, we will be more equal and easier to participate in public governance; second, we must be wary of human rights violations during the digitalization process. The boundary of digital technology application is to prevent infringement of human rights; third, we must promote government digitization within the framework of the rule of law. The basic principles of the rule of law can cope with the application scenarios of digital technology.
Kong Xiangwen, associate professor and assistant to the dean of the w88 casino of Law at the w88 casino, believes that the impact of digital technology on public administration is reflected in two aspects. One is the digitization and intelligence of administrative supervision objects, which poses challenges to traditional administrative supervision and legal mechanisms. Second, the digitization and intelligence of public administration itself has led to changes in the administrative structure: for example, the digitization of administrative means and methods has in turn affected the setting of administrative tasks, the rise of organizations such as platforms has led to the reconstruction of the relationship between administration and society, and the administrative process has become more dependent on technology, making technology intervene in administration. In the future, responses should be made from aspects such as balancing the values of efficiency and dignity, paying attention to the role of digital technology in promoting the rule of law, and promoting the integration of digital governance rules and traditional administrative rule of law rules.
At the end of the meeting, Professor Wang Jingbo, Vice President of the w88 casino, made a summary of the meeting. Wang Jingbo pointed out that this conference was an academic feast, and the guests present fully expressed their views on Digital China and the innovation of administrative law. The collision between views will help promote the development of the academic topic itself, and he hopes to continue to write a new chapter on this topic in the future.
