Research Article | | Peer-Reviewed

Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization

Received: 2 April 2025     Accepted: 14 April 2025     Published: 29 April 2025
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Abstract

The power’s digitalization in the era of artificial intelligence refers to the deep coupling of technical logic and power logic after digital technology is embedded in the power operation mechanism, thereby promoting a more comprehensive technological transfer in power distribution. With the assistance of technology, power has moved behind the scenes, but the power's ability to control society has been enhanced. The external characteristics of this phenomenon are strong technicality, concealment and intrusion. There are three aspects of the internal logic that led to its emergence: human digital survival has become the norm, the diffusion effect of power is significantly better than its coercive power, and the black box operation space brought by digital technology and people's dependence on digital codes. Using comparative research, empirical research and literature analysis, the challenges encountered by traditional administrative rule of law are explained. The basic principles of modern administrative rule of law established since the 19th century are quietly changing, especially in two aspects: digital technology has eliminated the basic rights of citizens represented by privacy rights and basic political rights, making discretionary power difficult to control and the definition of traditional legal responsibilities difficult. These are challenges to the basic principles of modern administrative law since the 19th century. Controlling or narrowing the legal gaps caused by the digitization of power, combining public and private law protection of citizens' right to information, and establishing a legality review system for technology operations centred on the controllability of digital technology and public participation should become a feasible approach.

Published in Journal of Public Policy and Administration (Volume 9, Issue 2)
DOI 10.11648/j.jppa.20250902.14
Page(s) 91-99
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2025. Published by Science Publishing Group

Keywords

Digitalization, Legal Risks, Neutrality, Traditional Administration, Comparative Methodology

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Cite This Article
  • APA Style

    Yang, Y. (2025). Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization. Journal of Public Policy and Administration, 9(2), 91-99. https://doi.org/10.11648/j.jppa.20250902.14

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    ACS Style

    Yang, Y. Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization. J. Public Policy Adm. 2025, 9(2), 91-99. doi: 10.11648/j.jppa.20250902.14

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    AMA Style

    Yang Y. Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization. J Public Policy Adm. 2025;9(2):91-99. doi: 10.11648/j.jppa.20250902.14

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  • @article{10.11648/j.jppa.20250902.14,
      author = {Yang Yang},
      title = {Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization
    },
      journal = {Journal of Public Policy and Administration},
      volume = {9},
      number = {2},
      pages = {91-99},
      doi = {10.11648/j.jppa.20250902.14},
      url = {https://doi.org/10.11648/j.jppa.20250902.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jppa.20250902.14},
      abstract = {The power’s digitalization in the era of artificial intelligence refers to the deep coupling of technical logic and power logic after digital technology is embedded in the power operation mechanism, thereby promoting a more comprehensive technological transfer in power distribution. With the assistance of technology, power has moved behind the scenes, but the power's ability to control society has been enhanced. The external characteristics of this phenomenon are strong technicality, concealment and intrusion. There are three aspects of the internal logic that led to its emergence: human digital survival has become the norm, the diffusion effect of power is significantly better than its coercive power, and the black box operation space brought by digital technology and people's dependence on digital codes. Using comparative research, empirical research and literature analysis, the challenges encountered by traditional administrative rule of law are explained. The basic principles of modern administrative rule of law established since the 19th century are quietly changing, especially in two aspects: digital technology has eliminated the basic rights of citizens represented by privacy rights and basic political rights, making discretionary power difficult to control and the definition of traditional legal responsibilities difficult. These are challenges to the basic principles of modern administrative law since the 19th century. Controlling or narrowing the legal gaps caused by the digitization of power, combining public and private law protection of citizens' right to information, and establishing a legality review system for technology operations centred on the controllability of digital technology and public participation should become a feasible approach.
    },
     year = {2025}
    }
    

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    AB  - The power’s digitalization in the era of artificial intelligence refers to the deep coupling of technical logic and power logic after digital technology is embedded in the power operation mechanism, thereby promoting a more comprehensive technological transfer in power distribution. With the assistance of technology, power has moved behind the scenes, but the power's ability to control society has been enhanced. The external characteristics of this phenomenon are strong technicality, concealment and intrusion. There are three aspects of the internal logic that led to its emergence: human digital survival has become the norm, the diffusion effect of power is significantly better than its coercive power, and the black box operation space brought by digital technology and people's dependence on digital codes. Using comparative research, empirical research and literature analysis, the challenges encountered by traditional administrative rule of law are explained. The basic principles of modern administrative rule of law established since the 19th century are quietly changing, especially in two aspects: digital technology has eliminated the basic rights of citizens represented by privacy rights and basic political rights, making discretionary power difficult to control and the definition of traditional legal responsibilities difficult. These are challenges to the basic principles of modern administrative law since the 19th century. Controlling or narrowing the legal gaps caused by the digitization of power, combining public and private law protection of citizens' right to information, and establishing a legality review system for technology operations centred on the controllability of digital technology and public participation should become a feasible approach.
    
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Author Information
  • Law School, Shen Yang Normal University, Shenyang, China; Legal Culture Centre, Shen Yang Normal University, Shenyang, China; Global Innovation Law and Policy, University of Alicante, Alicante, Spain; Legal History Centre, University of Alicante, Alicante, Spain

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