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Analysis Of The Characteristics,Laws And Problems Of China's Archives Judicial Litigation

Posted on:2020-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:X T WangFull Text:PDF
GTID:2416330575454588Subject:Archival science
Abstract/Summary:PDF Full Text Request
The overall formal main characteristics of archives judicial litigation include:concentration.In the archives judicial litigation cases,the largest number is the archives civil litigation cases;while The proportion of archives administrative litigation cases in all archives judicial litigation cases far exceeds the total proportion of administrative cases in the whole library,the number of archives criminal litigation cases only accounted for a very small part of the archives judicial litigation cases.Unbalanced,mainly showing that the number of archives judicial litigation cases in economically developed areas is higher than that in economically underdeveloped areas;the archives judicial litigation cases in different regions are not uniform and even the gap is huge;The proportion of archives judicial litigation cases in all judicial litigation cases in the same area is also very different.The difference in the adjudication quality,mainly refers the overall referee effect and quality of archive civil litigation cases are higher than those of archive administrative litigation cases.Stability,Compared with the number of full-library cases,the number of file administrative litigation cases is growing more slowly and the volatility is smaller;the number of archives administrative litigation cases is increasing compared with the whole library case,the growth rate is slow and the volatility is smaller;the archives civil litigation case is also in a state of rapid and steady increase.The main characteristics of the partial forms of archives judicial litigation mainly includes: the proportion of state compensation cases in archives administrative litigation is large and is much higher than the average proportion of state compensation cases in the whole library administrative cases.Archives administrative litigation is dominated by inaction,and government information disclosure is the main administrative dispute.The retrial rate of archives administrative litigation cases is higher in archives judicial litigation cases and is the main type of case for retrial.The "Archives Law of the People's Republic of China" and local normative documents are the most important basis for refereeing in archives administrativelitigation cases.The difference in the archives civil litigation in different areas is slightly larger than the archives administrative litigation.archives civil litigation is mainly caused by archives disputes between employers and employees.The company is the most important defendant in archives civil litigation.The main basis for the archives civil judicial adjudication is the "Archives Law of the People's Republic of China",followed by the judicial interpretation related to archives disputes.The location of criminal criminal cases is relatively random,but the harmful consequences of criminal acts are more serious than administrative violations and civil violations.The content of the archives judicial litigation in China is characterized by the disputes of the responsible parties of the government information disclosure,the nature disputes of the archives management behavior of the administrative organs,the disputes over the actionable scope of the archives violations in the civil disputes,and the responsibility disputes of the archives department.The archival legal disputes in China's archival judicial proceedings are characterized by implicitness,lag,passiveness,value ambiguity,and unequalness of subject rights;and it also presents certain rules in behavior,cognition,psychology and consciousness.Five issues were also reflected in the content of the file judicial litigation case,including: The regulations are not coordinated,the provisions of the law are extensive;the administrative actions of archives are not standardized,the level of administrative enforcement of archives is to be improved;the choice of cause of cases is not uniform,the basis of judicial adjudication is not rigorous;the onus of proof is too difficult for individuals,the remediation of archive rights is also difficult;the theoretical research on the authenticity of archives in the judicial system and the identification of archives value is insufficient;and suggestions are made from various aspects..
Keywords/Search Tags:Archives judicial litigation, Archives administrative litigation, Archives civil litigation, Archives criminal litigation, Archival legal dispute
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