The Legal Dilemmas and Solutions of Automated Administrative Penalties

Abstract

In the digital era, automated administration—an emerging administrative phenomenon—is profoundly reshaping public governance models. However, automated administrative penalties have also raised a series of legal challenges for digital governance. This article first clarifies the fundamental concepts and typology of automated administration and automated administrative penalties, then analyzes their underlying dilemmas from three perspectives: legitimacy, procedural fairness, and rights remedies. First, algorithmic discretion leads to the erosion of legislative authorization and the subsumption of individual justice. Second, impersonal operation renders traditional procedural safeguards like notification and defense ineffective. Third, algorithmic black boxes and review barriers exacerbate the difficulty of seeking remedies. To resolve these dilemmas, this paper constructs a systematic pathway: reconstructing digital due process through dynamic notification, in-process objections, and substantive human review; enhancing algorithmic accountability and reforming judicial review standards to improve rights protection; and finally, clarifying legal liability by upholding administrative principal responsibility and establishing clear traceability chains. These measures collectively advance automated administrative penalties toward stable and sustainable development within the rule of law.