权责对等:国有档案公布权的属性与行使探析——兼评《档案法》第三十二条

Equal Powers and Responsibilities: an Analysis of the Attribute and Exercise of the Power to Publish State-Owned Archives: Comment on Article 32 of the Archives Law

本文通过梳理我国国有档案公布权的立法演进,分析其行使现状,提出国有档案公布权是一种公权力,档案馆或有关机关既是权力主体,也是责任主体,行使权力即为履行责任。国家应通过制定公布权行使程序,将国有档案公布列入档案部门工作规划和考核体系,建立档案公布基金等方式,促进档案馆及有关机关积极行使国有档案公布权,满足社会公众档案利用需求,切实保护人民群众合法利益。

By combing the legislative evolution of the power to publish state-owned archives in China, this paper analyzes the current situation of its exercise, and puts forward that the power to publish state-owned archives is a kind of public power. Archives or relevant organs are both power subjects and responsibility subjects, and the exercise of power is the performance of responsibility. The State shall promote archives and relevant organs to actively exercise the power to publish state-owned archives by formulating procedures to exercise the power, adding the publication of state-owned archives in the archives work plan and assessment system, and establishing archives publication fund, so as to meet the needs of the public and effectively protect the legitimate interests of the people.