Research on the Relief Path of Citizen's Archives Utilization Rights from the Perspective of the New Archives Law
The new Archives Law takes"complaining to the archives department"as the legal remedy for the right to use archives.This paper analyzes the existing disputes about the administrative subject qualification of national archives and the attributes of administrative behavior of providing archives,as well as the response of the new Archives Law to this issue,and deconstructs Article 28(2)of the new Archives Law at both procedural and substantive levels,and discusses the reviewability and justiciability of the complaint handling of archives authorities.Finally,this paper tries to use the dual constitutional logic to construct a systematic and pluralistic remedy path,which is based on complaint handling,preconditioned on the judgment of"interests",and mainly based on the right remedy way under the"logic of sovereignty"and"logic of governance".
constitutional logicarchives utilizationremedy of rightspower supervision
万方数据
维普
