Research on the Evidentiary Value and Review Standards of Electronic Data in Automated Administrative Penalties

Abstract

    With the advancement of digital government initiatives, automated administrative penalties have become a key method of administrative law enforcement. As electronic data generated by electronic surveillance equipment serves as the core evidence for case determinations, new challenges have arisen regarding the assessment of its probative value and the standards for its review. Current judicial practice faces issues such as perfunctory device reviews and difficulties in cross-examination due to “black-box” algorithms. To strike a balance between the protection of rights and technological rationality, a tiered system of evidentiary standards should be established. Furthermore, a substantive judicial review framework should be developed based on three dimensions—the legality of the equipment at the source, the authenticity of data generation, and the legitimacy of algorithmic logic—to achieve an organic integration of technology-enabled governance and the rule of law.