民航非现场监管中自动化行政的合法性研究

A Study of the Legitimacy of Automated Administration in Off-Site Supervision of Civil Aviation

摘要: 民航行业智慧监管的规划重点提及非现场监管制度，而非现场监管中对自动化行政设备的应用趋势逐渐扩大，应用情形多为信息的收集与处理。从实体性和程序性两方面分析民航非现场监管中自动化行政的合法性，明确其应用未逾越法律授权，技术性正当程序原则也使得自动化行政行为具有可追溯性。但目前实践中存在一些挑战合法性的风险，随之提出针对合法性风险的应对策略，包括保护行政相对人权利、在立法中强化正当程序理念等。

Abstract: The planning of intelligent supervision in the civil aviation industry focuses on the off-site supervision system, and the trend of the application of automated administrative equipment in off-site supervision is gradually expanding, with most of the applications being the collection and processing of information. The legitimacy of automated administration in off-site supervision of civil aviation is analyzed from both substantive and procedural aspects, which makes it clear that its application has not exceeded the legal authorization, and the principle of technical due process makes the automated administrative acts traceable. However, there are some risks that challenge the legality in the current practice, and then put forward strategies to deal with the risks of legality, including the protection of the rights of the administrative relative and the strengthening of the concept of due process in the legislation, and so on.