中圖分類號：D9221文獻(xiàn)標(biāo)識碼：ADOI:10.19358/j.issn.2097-1788.2024.03.009
引用格式：何揚(yáng)陽.自動化行政的裁量困境與解決路徑［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2024，43（3）：55-62.

The dilemma of discretion in administrative automation and its resolving pathways

Abstract： Automated administrative discretion is a product of the integration of administrative discretion and artificial intelligence, and it is also an inevitable trend in the construction of a smart government. However, due to the deterministic nature of computer program algorithms, ambiguity is not allowed in programming, especially the vagueness brought about by the ubiquitous "uncertain legal concepts" in legal provisions, which poses difficulties for the automation of administrative discretion. Many scholars therefore believe that automated administrative systems cannot handle discretionary issues. In fact, fuzzy logic theory is a powerful tool for humans to deal with this problem. Introducing it into automated systems can break free from the constraints of traditional binary logic and provide a solid foundation for handling administrative discretion issues using fuzzy production rules.

Key words : automated administration; automation of administrative discretion; fuzzy logic; ambiguity