论数字法治政府背景下正当程序原则的理念革新

On the Innovation of Due Process Principle in the Background of Digital Government by Law

在未来五年,数字法治政府建设将作为法治政府建设的重要内容。在数字行政时代,政府在运用科技化、智能化、自动化的治理手段提升行政效率的同时,也给正当程序原则带来了冲击,具体表现为技术弱势群体遭受歧视、行政程序合理介入界限被突破、行政公开原则功能价值被怠忽和说明理由等参与程序应有价值受冲击。在数字法治政府建设的背景下,正当程序原则应及时回应数字法治政府的建设需求,从明确算法的工具属性、坚守政府自主决策权、赓续正当程序核心内涵三个方面坚持正当程序原则的核心要义和根本价值,达到“最低限度的公正”,实现从形式平等到实质平等、从局部参与到全部参与、从相对公开到全程公开、从形式正义到实质正义。

In the next five years,the construction of a digital government ruled by law will be an important part of the construction of a government ruled by law.In the era of digital administration,while using scientific,intelligent,and automated governance methods to improve administrative efficiency,the government has also brought impacts on the due process principle,specifically manifested in the discrimination against technologically disadvantaged groups,the breakthrough in the reasonable intervention boundary of administrative procedures,the neglect of the functional value of the principle of administrative openness,and the impact on the due value of participation procedures such as explaining reasons.In the context of building a digital government ruled by law,the principle of due process should promptly respond to the construction needs of a digital government ruled by law,adhere to the core meaning and fundamental value of the principle of due process from three aspects:clarifying the instrumental attributes of algorithms,adhering to the government's independent decision-making power,and continuing the core connotation of due process,to achieve"minimum justice",and achieve from formal equality to substantive equality,from partial participation to full participation From relative openness to full disclosure,from formal justice to substantive justice.