行政处罚中人工智能的应用及其边界考量

The Application and Boundary Consideration of Artificial Intelligence in Administrative Punishment

随着时代的发展,人工智能技术已被广泛应用于行政处罚立案、调查取证、决定、执行环节,对于提升行政处罚效率、保障行政处罚公正性、增强行政处罚精准度起到了积极作用。实践中,人工智能的应用尚存在数据收集出现瑕疵、程序性要求易受减损、决策可接受度或将下降、责任承担主体和归责原则难以确定等风险。对此,需要审慎推进人工智能的应用,明确其在行政处罚中的边界。

With the development of The Times,artificial intelligence technology has been widely used in administrative punishment filing,investigation and evidence collection,decision and execution,which has played a positive role in improving the efficiency of administrative punishment,ensuring the fairness of administrative punishment and enhancing the accuracy of administrative punishment.In practice,there are still some risks in the application of artificial intelligence,such as flaws in data collection,vulnerable to derogation of procedural requirements,declining acceptability of decisions,and difficulty in determining the subject of responsibility and the principle of attribution.Therefore,it is necessary to promote the application of artificial intelligence prudently and clarify its boundary in administrative punishment.