Algorithmic discretion in the perspective of process theory:formation mechanisms, practical dilemmas and paths to the rule of law
Lei Gang，Jiang Anqi
School of Law, Guizhou University
Abstract： The wide application of algorithms in the field of administrative discretion has formed a new type of algorithmic discretion mode, and it is necessary to study its formation mechanism, realistic dilemma and rule of law path. In terms of the formation mechanism, based on the intertwined construction of law and facts, algorithmic discretion is generated by the codification of law and the rich processing of facts by technology. From the perspective of process theory, it is divided into the stages of "receiving-processing-output", and the data quality problems, algorithmic black box and algorithmic discrimination problems at different stages are explained one by one. At the same time, the process of legal control is carried out in three aspects, namely, scope limitation, procedural limitation and right protection, in order to promote the practice of algorithmic discretion under the rule of law.
Key words : algorithmic discretion; administrative behavior; administrative process theory; realistic dilemma; rule of law path
