生成式人工智能算法下行政法律关系主体地位的消解与回归OA

The construction of digital government is a key measure for modernization of national governance system and governance capacity and building a service-oriented government.The emergence of generative artificial intelligence as represented by ChatGPT offers a beneficial opportunity to accelerate China's construction of digital government.Integration of ChatGPT-like generative artificial intelligence algorithms into the construction of digital government not only brings positive functional values but also triggers an impact on the subjective status of"humans"in administrative law.The exercise and operation of ChatGPT algorithmic power may exceed,deviate from,or be independent of the power(right)of the subjects of administrative legal relations,triggering a crisis of subjective status,including deconstruction of power of administrative subjects and disintegration of administrative rights of administrative counterparts.Therefore,we should carefully select scope of intelligent decision-making,strengthen protection of right to informed consent of administrative counterparts,endow administrative counterparts with the right to request algorithmic explanations,and clarify responsibilities of all parties in the"responsibility chain".