自动化行政处罚裁量研究

Research on Discretion in Automated Administrative Penalties

摘要: 随着人工智能等新兴科技渗透行政领域，自动化行政日益兴起，在行政处罚与许可等方面展现优势，自动化裁量尤其受青睐。但同时，行政相对人满意度不高，相关争议案件增多。结合典型司法案例分析，发现自动化裁量各阶段损害相对人程序权利问题，主要涉及立案、取证、告知及执行四大程序。为深挖问题根源并寻求解决之道，研究将自动化行政处罚裁量程序问题细分，归类于各阶段进行细致剖析，旨在揭示问题成因并提出权益保护策略。此研究不仅有助于解决自动化行政处罚裁量面临的程序障碍，推进行政法学理论发展，也促使行政主体强化正当程序意识，加速法治政府构建，提升服务效率，确保自动化行政处罚既高效又便民。

Abstract: With the penetration of emerging technologies such as artificial intelligence into the administrative field, automated administration has been on the rise, demonstrating advantages in areas like administrative penalties and licensing—particularly automated discretion, which is widely favored. However, at the same time, the satisfaction of administrative counterparts remains low, and the number of related dispute cases has increased. Through the analysis of typical judicial cases, it is found that automated discretion may infringe upon the procedural rights of counterparts at various stages, mainly involving the four major procedures of case filing, evidence collection, notification, and enforcement. To dig deeper into the root causes of the problems and explore solutions, this study subdivides the procedural issues of automated administrative penalty discretion, classifies and conducts in-depth analysis of these issues at each stage, aiming to reveal the causes of the problems and propose strategies for rights protection. This research not only helps resolve the procedural obstacles faced by automated administrative penalty discretion and promote the development of administrative law theory, but also urges administrative subjects to strengthen their awareness of due process, accelerate the construction of a law-based government, improve service efficiency, and ensure that automated administrative penalties are both efficient and convenient for the public.