Digital Procedural Rights in the Era of Digital Government: Theoretical Interpretation and Institutional Guarantee

LI Ce*

Abstract: In the era of digital government, administrative procedures are characterized by unified platforms, data-driven operations, intelligent automation, mobile governance, and blockchain empowerment, presenting a practical logic that prioritizes technology over norms, substance over procedure, and power over rights, thus raising concerns about citizens’ procedural rights. Digital procedural rights abandon the limitations of the procedural obligation paradigm, and are based on human dignity, constitutional fundamental rights, and subjective procedural justice, with strong feasibility. Digital procedural rights include six ideal types: the right to exclude algorithmic discrimination, the right to digital information, the right to digital participation, the right to record retention, the right to human review, and the right to refuse automated decision-making. To effectively protect digital procedural rights, it is necessary to complete the legal confirmation of digital procedural rights from the right dimension, realize the procedural control of digital administrative power from the power dimension, and ensure the normative requirements of digital technology from the technology dimension.

Keywords: digital government · digital procedural rights · fundamental rights · right to refuse automated decision-making · algorithmic auditing