Theoretical Response and Normative Adjustment to the Dispute over the Right to Publish State-owned Archives
The right to publish state-owned archives is a hot topic in current academic research and legislative practice,but it has fallen into controversy over the legal nature and legislative setting.From a typological perspective,it can be observed that there are two types of publication rights,belonging to archival institutions and archival users respectively.The former is essentially a form of archival openness and does not need to be specifically stipulated in archival legislation,while the latter essentially involves the right and ability to utilize archives and should be regulated in archival legislation.Guided by this theory,based on the current situation of archival legislation,two approaches can be taken to improve the rules on the right to disclose state-owned archives:interpretive theory and legislative theory.The interpretive approach involves amending the complementary implementation rules of the Archives Law to interpret the right to publish state-owned archives,thereby enabling it to ensure the practical function of facilitating the publication of state-owned archives by archival users.The legislative approach entails directly amending the Archives Law,abolishing the legislative setting of the right to publish of archives institutions,adding legislative provisions regarding the right to publish of archives users,and adjusting the overall layout of the chapter in which the right to publish of archives is located.
the right to publish state-owned archivespublication of archivesopen archivesutilization of archives
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