On the afternoon of April 17, 2026, an academic lecture on "Administrative Law of Algorithmic States" was held in Room 434 of Xingmin Building, Xianlin Campus, Nanjing Normal University.This lecture has specially invited Professor Shen Kui, a professor and doctoral supervisor from the Law School of Peking University, to be the keynote speaker.The lecture was hosted by Associate Professor Wang Mingzhe from our college. Researcher Jin Zining from the Law School of Peking University, Professor Cheng Xiezhong from the Law School of China University of Political Science and Law, Professor Chen Yuefeng from the School of Law of East China University of Political Science and Law, and Professor Wang Ruixue from the Law School of Nankai University served as discussants. Undergraduate, postgraduate and doctoral students from our college attended the event to learn, and the academic atmosphere on the spot was very strong.

At the beginning of the lecture, Associate Professor Wang Mingzhe extended a warm welcome to Professor Shen Kui for his presence.Professor Shen Kui pointed out that we are already in an algorithmic society, an algorithmic state, and an algorithmic era. The infiltration of algorithms into daily life and public governance is an inevitable trend, and countries generally rely on algorithms to enhance governance capabilities.In the face of this transformation, administrative law scholars must rise to the challenge and use the law to think about and examine the positive value and potential risks brought by algorithms.Professor Shen Kui started with fragmented scenarios such as health codes, AI information cocoons, and the application of automated combat systems in international conflicts, and raised a key question: In the face of the rapid iteration of algorithms, is the development of law fast enough? Is it sufficient to address the complex governance challenges behind the technology?

In the core part of the lecture, Professor Shen Kui took the incident in March 2026 when the Xiamen Huli Traffic Police Brigade sent risk warning text messages to citizens who had purchased sleep AIDS through regular channels as an example. He dissected the multiple administrative activities involved layer by layer, combined with the possible challenges and difficulties encountered in the analysis of legality, and raised a deep-seated question:Does our administrative law have a general regulatory plan for algorithmic administrative decision-making based on a series of administrative activities?
The most forward-looking part of the lecture was when Professor Shen Kui, based on his own reading insights, raised several issues that administrative law must address if robots replace humans.Professor Shen Kui systematically reflected on key issues such as where the boundaries of machines replacing human labor lie in algorithmic decision-making, whether legal authorization is needed for automated administration, whether algorithms will compress the space for administrative discretion, whether they will impact due process, whether they will prevent the parties from obtaining empathy, and whether they will trigger "organized irresponsibility".He combined foreign legislation with typical controversial cases to reveal the deep-seated hidden dangers of algorithmic administration in terms of discretionary constraints, due process, rights protection, and responsibility attribution.
Finally, Professor Shen Kui proposed three feasible paths: First, guided by administrative constitutionalism, shape algorithmic administration with the values, principles and spirit of the constitution;Second, establish digital constitutionalism and incorporate digital power into a constitutional constraint framework on an equal footing with traditional public power.Third, we should attach importance to the role of soft laws and promote the coordinated governance of hard and soft laws.
During the interactive session, the scholars present engaged in exchanges and discussions around the content of the lecture.Researcher Jin Zining from the Law School of Peking University believes that the key to achieving personalized discretion with existing technologies lies in how the law establishes the judgment criteria for algorithms.Professor Cheng Xiezhong from China University of Political Science and Law proposed that algorithmic administration has become a reality, but the current regulations are designed with more consideration of universal requirements. He affirmed the three feasible paths proposed by Professor Shen Kui, believing that in an era when the clarity and operability of regulations are broken, there is an increasing need to use general provisions, and soft law thus becomes a necessary supplement.Professor Chen Yuefeng from East China University of Political Science and Law further questioned: How can laws and regulations make responsive changes to algorithms and complete the iteration of rules?How can this task be accomplished through legal interpretation?Algorithmic administration may give rise to new legal structures. It is worth pondering whether the previous regulatory methods can be directly adopted.Professor Wang Ruixue from Nankai University emphasized the need to be vigilant against the issue of false data, pointing out that data pollution may directly lead to distorted decision-making.

Professor Zhang Qingbo from Zhongnan University of Economics and Law has focused on the threat of algorithmic administration to personal information.Assistant Professor Wang Min from Xiamen University shared her personal experience and borrowed lyrics from Cui Jian and "Accident Republic" to emphasize that when facing AI, we should constantly think about "what is a human being".She admitted that the lag of the law is inevitable, and we need to observe and pursue in confusion.

Professor Man Yishan from the Law School of the University of International Business and Economics believes that the algorithms currently used in practice are still relatively "low-level".She raised the question: What kind of administrative actions can be subject to algorithms exactly?From a practical perspective, it seems that the application of algorithms is more common in areas such as the granting of benefits through welfare distribution, while it involves areas like adverse sanctions and administrative penalties. But is it possible for the application of algorithms to break through fundamental values such as human rights and freedom?This requires high vigilance.
At the end of the lecture, Professor Shen Kui responded to the opinions of the teachers and students present.He emphasized that in a situation where the objects of governance have entered the algorithmic era and the government has also entered the algorithmic era, administrative law scholars cannot remain aloof.Although everyone is within the system, due efforts still need to be made to respond rationally to the new propositions brought about by technological changes through the rule of law.

Source: Ni Chenyan
Image source: Graduate Student Union of the Law School