Research On Several Questions In The2nd Round Amending Of "Archival Law Of People’s Republic Of China"

The progress of information technology, with the emergent of new file types andissuing a series of laws, generates a reverse effect to the concept of the legislativelocalization, management objects, and the actual execution improvement, of currentArchives Law. The second round revamp of Archives Law of the PRC is looming ahead.The literature review method is mainly applied in the thesis to illuminate the fundamentalsof archives lawmaking includes the principles of legislation and the legislation conceptionsof the archives laws. The thesis also refers to the experience of other countries to makeacademic analysis and discuss about some flaws, disputes and the clauses need to bediscussed and revamped in the current Archives Law. Meanwhile the thesis dissects thearchives institutions in the second chapter of Archives Law which has few related writingsin terms of the science of administration to analyze and reveal the crux and the difficultiesof revamping Archives Law at the source. The thesis focuses on discussing the relativecontents and the intrinsic logic relationship existed between chapter three and chapter fourin Archives Law, which involve the the legislative localization Archives Law should have.The management and advantage of the legal files are two main areas of archiveslawmaking. However, the biggest difference between the functions of Archives Law andother archival laws is that Archives Law is available to the whole society and has a greatexternal characteristics. Most other archival laws belong to the management regulationsand procedures in archives work system, have an obvious internal property. The mainaspect discussed in the thesis is what related to the management and advantage of filesowned by individuals, terms of the effective implementation of the obligation of thearchives to open to the public and the publics rights to access the archives, archives’publishing rights and other rights. Meanwhile The thesis is intended to provide somevaluable suggestions and references to the upcoming second round revamp of Archives Law with the hopes that can provide opinions for revamping Archives Law.