新《档案法》尚需彻底解决的三个问题

《档案法》是我国档案事业发展的根本保障,也是依法治档的具体依据。新修订通过的《档案法》在规制范围和力度方面较旧《档案法》有了明显进步,但也存在一些不足。本文分析了新《档案法》尚未彻底解决的三个问题,即当前法学界重点关注的法律域外适用以及事关民生的私人档案及其监管、已公开信息的开放等,并提出了相应的解决方法。

Archives Law of the People's Republic of China is the fundamental guarantee for the archival undertaking in our country,but also the basis for regulating Archives.Compared with the old version of Archives Law of the People's Republic of China,the newly revised one has made obvious progress in terms of regulation scope and strength,but it also has some flaws.This paper analyzes three problems that have not been solved in the new Archives Law of the People's Republic of China,namely,the extraterritorial application of the law which is the focus of the current law,the supervision of the private Archives related to people's livelihood,and the opening of the public information.Based on that problems,this paper puts forward corresponding solutions.