论档案管理中权益冲突的法律调整

On Legal Adjustment of Rights and Interests in File Management

档案管理活动中存着不同主体之间的权益冲突,需要法律对此进行调整。对国家档案而言,在保障国家档案管理权的同时应当肯定公民也有对档案的合法利用权;对私人档案,法律应保护其所有权,但国家要进行必要的监控;人事档案的所有权属于国家,并注意与职工知情权的平衡;医疗档案的所有权应归医疗机构,但不能侵害患者知情权与隐私权。

There are many right -and -interest conflicts in file management which needs legal adjustment. As for the state files, everybody has the lawful right to use them when the file management right of the state is guaranteed. The ownership of private files must be safeguarded by laws when they are supervised by the state ; the ownership of personnel files belongs to the state. The ownership of medical files belongs to medical institutions but patients＇privacies and the right to know their health condition should be ensured.