Governance Path of Language Fuzziness in Archives Law of the People's Republic of China
There are a certain number of uncertain legal concepts in the Archives Law,which was implemented in 2021,leading to the ambiguity of the language of the Archives Law.This not only undermines the clear character of the Archives Law,but also has a certain negative impact on the opening and utilization of archives,the protection of the legitimate rights of relevant archival subjects,and the participation of social forces in archives work,which needs to be addressed urgently.But on the other hand,the existence of uncertain legal concept is also the inevitable result of making up for the limited rationality of legislation and enhancing the administrative initiative of the archives department.Therefore,its governance is not to eliminate the uncertain legal concept,but to regulate the interpretation right and use right behind the uncertain legal concept,and to eliminate the subjective willfulness and arbitrariness as far as possible.In view of this,we can consider establishing a comprehensive system including the principle of administrative rationality,the discretion basis,the ex post relief mechanism,etc.,to systematically standardize the uncertain legal concepts in the Archives Law.
Archives Lawuncertain legal conceptthe principle of administrative rationalitydiscretion basisex post relief mechanism
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