The Research On The Relationship Between Public Power And Private Right Under Archive Legal Nexus

In recent years,with the profound changes of social life,the rapid development of information technology and the continuous improvement of the market economic system,archives,as a carrier for recording various kinds of information in human social practice activities,have become increasingly functional in value.The use of archives is increasing.At present,there are many new situations and problems in archival work,which require us to make clear the legal relationship of archives,understand the legal responsibility of archives,and judge the value of specific problems in archival activities.This paper discusses the problems of public power and private right in archival activities from different aspects of archival legal relations,and emphasizes the protection of the rights of the subject of archival private rights,and the responsibility and obligation of the representatives of archival public power.From the perspective of public and private rights,this paper analyzes the problems existing in the regulation of archival information activities,and probes into the conflict of private rights of different archival behaviors under different archives legal relations.From the definition of the legal concept of archives,the conflict between public power and private rights in different archives legal relations,and the countermeasures to balance public power and private rights,this paper analyzes the public and private rights under the archives legal relationship.In-the first part "archives" is egarded as the subject law of information activities,and the problems of public power and private right under different legal relations are studied.Being different from the traditional definition of the legal relationship of archives,the extension of the legal relationship of archives,the legal relationship of archives should include archives administrative legal relations,archives civil legal relations,archives criminal legal relations.It also discusses the subject and object of the non-archival legal relationship,and introduces the theory of "right standard" and"power and responsibility law" into the study of the relationship between public power and private right,which lays a theoretical foundation for the study of the relationship between them.In the second part,the author clarifies the subjects of public power and private right in the specific legal relationship of archives,studies the conflict between them,and analyzes the typical conflicts in the relevant legal relations,in order to highlight the problems existing in the specific archival activities.In the third part,the author discusses the balanced countermeasures of the public and private rights under different archives legal relations,and puts forward the problem of resolving the conflicts of public and private rights in the legal relations of archives from the perspective of administrative accountability,criminal legislation and civil remedies.Thus,a feasibility study is proposed for the development of archives.