Some Researches On Authority And Responsibility Of Archives Behavioral Agents

The emergence and extensive usage of computer and intemet have caused a deep revolution to the whole world, influences society the property of the collective memory. It has taken to the world so many creations.The development of market economy and the acceleration of social transformation, causes advanced development of social division of labor and advanced differentiation of social function. It will thoroughly change "big but whole", "small and whole" function mode and self-sufficient state of traditional society organization, make various social function systems and organizations specialized. The structure and circulate of social organization will be more differentiation. This kinds of varieties behave in the field of archives as diversification of legal subjects. In the meanwhile, along with the enhances of social democracy consciousness and boosting up on legal consciousness of various archives agents, many legal problems need to be solved.This article expatiate from the point of archives agents hopes that it can be useful for the compartmentalizing of rights and responsibilities on archives agents. The whole article is divided into five parts:In the first part, beginning with reasonably divide on subjects and objects from philosophy and sociology, the author analyzes the entity property,the separability property of information and it's carder (including traditional archives and digital archives). Then integrating the dividing on subjects and objects from philosophy and the lawmaking base of civil code, the article divide the archives agents into three kinds: the owner of archives,the manager of archives,the user of archives.According to the dividing of archives agents in the first part, the article selectively analyzes dghts,obligations and responsibilities of archives behavioral agents in the following three parts.In the second part, integrating "the civil law","the constitution" and "the archives law" decreed in 1996. The article discusses the proprietorship of archives owners,the intellectual property right and the right of privacy in the process of using and managing archives, especially in ascription and alteration on the proprietorship and the intellectual property right.In the third part, according to "the archives law" and the dividing on archives departments both here an abroad, the article discusses the archives managerial system in our country,the guidance function,the monitoring right of archives administration department and the proper exertion of its right to administrate. There are some doubts in the publicizing right of archives in "the archives law". And the character of publicizing to disunite archives. Sometimes, it is a right, and sometimes, it is an obligation.In the forth part, the article dissertate several rights and obligations of archives users. Including the basic right and obligation,the usufruct and the right to know of archives users. Especially on negotiability of the usufruct,the status of the right to know and the withstand between the right of privacy and the right to know.Finally, as a tag, the article makes some advices for the archives manage department.Facing to the changes of the society, the archives department should reform and consummate its management system one the base of doing its own job well. Although there are still many defects in the process of archive management, it's reasonable for us to hope that the cause of archives in our country will be more and more flourishing!...