American archives legislation

下面为大家整理一篇优秀的essay代写范文- American archives legislation，供大家参考学习，这篇论文讨论了美国档案的立法。美国作为当今世界唯一的超级大国，其档案法制建设情况一直让国际档案界所关注。由崇尚自由竞争的资本主义私有制所决定，美国档案立法只调整和规范政府机关的档案工作，国家不干预私人档案管理事务。受联邦制国家体制影响，档案工作属于联邦和各州分权管理的事项，不可能形成统一调整全国档案事务的档案法规体系，国会和联邦政府制定的一系列档案法规只在联邦政权机关中生效。州及所属市、县政府机关档案工作则由各州制定档案法规加以规范。

As a country based on the belief of the rule of law, in order to be able to act in accordance with the law, it is an inherent thinking pattern of Americans to establish a law in everything they do. No other country in the world has as many regulations on archival work as the United States. The United States does not have a comprehensive and complete archival law named "archives law". It adopts a decentralized legislative model to solve the problems of institutions, management and utilization of archival work one by one by formulating a number of regulations. According to statistics, among the current archival regulations in the United States, there are 24 regulations directly related to archival work passed by the congress, 38 regulations indirectly related to archival work, and 7 presidential executive orders concerning archival work. In addition, of the 50 states, 18 have 29 archival statutes. Because every aspect of archives work has relevant laws and regulations to standardize, basically put an end to the arbitrariness of archives work, effectively ensure the social role of archives resources play.

The author thinks that the United States adjusts and standardizes the legislative mode of archival affairs one by one through the enactment of several archival laws and regulations by the legislature, which is of certain reference significance for China to further improve the archival legal system. To legal means of archival undertaking comprehensive guarantee and promote coordinated and healthy development of the archives department should actively strive for the National People's Congress at all levels and government attention and support for archives work, submit to the legislature on the basis of the comprehensive archives regulations, according to the actual need to formulate special specification archives work on the one hand, particular transaction of archives laws and regulations, form the reasonable division of archives laws and regulations system, enables all aspects of archival undertaking are laws.

Article 1, paragraph 5, of the U.S. constitution of 1787, on which the United States was founded, expressly requires that congress "each house shall have the minutes of its meetings, which shall not be published from time to time, except as it deems necessary to keep secret." Section 9 of this article requires that the congress "publish from time to time periodic reports and accounts of all receipts and payments of public funds." The congress, which is responsible for representing the public opinion, has thus formed a profound historical tradition of attaching importance to and supporting archives departments in managing archives according to law. Congress passed the act establishing the national archives in 1934, thereby establishing the national archives that receives and serves the archives of various agencies of the federal government. In 1943, congress passed the document handling act, which authorized the national archives to formulate a disposal plan after the operation of documents. Government agencies should handle documents according to the requirements of the national archives in accordance with certain standards and regulations. At this point, the management system that the government archives department exercised both the administrative management of archives and the custody and utilization of archives entities began to be established. In 1949, congress passed the federal property and administrative services act, which reorganized and established the national archives and documents bureau on the basis of the national archives, and placed it under the jurisdiction of the newly established general administration of the federal government. In 1984, congress passed the act of independence of the office of national archives and documents, which stipulated that the office of national archives and documents should be separated from the jurisdiction of the general administration of the federal government and renamed as the office of national archives and documents, and become a direct organ of the federal government. According to the authorization of the act of file processing, the national archives and documents department has issued the "federal file handling manual", the permanent file identification guide, the general file processing form and a series of legal documents, the federal government bodies, according to the rules file processing scheme, the national bureau of archives and documents for approval before implementation. Since the national archives and documents administration is directly responsible for the document identification of the federal organs of political power, it effectively ensures the integrity and refinement of the archives.

Practice has proved that, in the administrative management of archives and the custody and utilization of archives entities, the actual performance of the former is the premise, foundation and key to ensure the smooth performance of the latter. China and the United States government archives are a body, two functions of management system, in order to completely solve the "archives law" in archives, library functions respectively stated in the government function positioning, the contradiction of the archives law and reality keep archives department to implement save the historical mission of social memory, draw lessons from the United States department of improving government archives legal status, safeguard its archives administrative functions of legislative experience, the author thinks that our country will also be necessary to pass legislation to the unity of party committees at all levels, government set up the office hall government records clear positioning for the government functional departments, It is endowed with the right of final decision on the identification, destruction and reception of archives in the archives filing units, so as to ensure the practical performance of administrative functions of archives undertakings, thus providing fundamental guarantee for the smooth implementation of the functions of custody and utilization of archives entities and giving full play to the social role of archives resources.

The archives of the federal government of the United States shall be administered centrally and uniformly by the national archives and documents administration. In 1950, congress passed the federal documents act, which authorized the general service to set up a federal document center under the national archives and documents administration to temporarily preserve non-current documents of federal government agencies, federal courts, congress, the military and other state agencies in the United States. In 1955, congress passed the presidential library act, which included the presidential library for the custody of outgoing presidential documents prepared by private donations into the jurisdiction of the national archives and documents office, so as to use public funds to maintain the later management and operation of various businesses. At present, the federal government agencies, federal courts, the army and the outgoing President, congress archive, the distribution of all by the national bureau of archives and documents in all parts of the country's first national archives, the second national archives, and 14 national archives district branch President, 16 federal documents center, 11 and 1 presidential library information management office of the centralized and unified management. According to the different organizers and service objects, the document center in the United States includes three types: the document center of government system, the document center of institutions and groups, and the commercial document center. Government system file center organized by the government archives, and the various organs of government system with half of the current document management services, organization of the document center by the enterprise, hospital and community organisations such as the host, and the organization of internal institutions and units to provide half the current file management services, commercial documents center held by the enterprise or individual investment, enterprise and other social organizations and individuals to provide socialization, specialization of commission paid half of the current document management services.

At present, the depository institutions of all kinds of archives entities in China are undergoing drastic changes, and it has become an urgent task to re-establish a standardized and orderly archival institution system in response to the development of the situation. We should break away from the outdated mode of thinking that all archives of preservation value to the state and society should be concentrated in one comprehensive archives, and avoid the uncontrolled situation that each unit sets up archives by itself to manage archives in a decentralized way, which hinders social utilization. Draw lessons from the United States by the national bureau of archives and documents in the national archives to be set up branch libraries all over the country and the document center, the federal government bodies of the file archive for the practice of centralized and unified management, in order to take care of and transfer the files to form units as well as the two aspects of the national archives's enthusiasm, promote the archives resources play a better social effect, the author thinks that legislation may consider the relevant departments to set up archives or similar institutions become a national comprehensive archives at the same level of professional archives branch libraries, emphasizes the comprehensive archives and establish business cooperation relationship between professional archives branch, In line with the principle of separate custody of archival entities and centralized management and utilization of archival information, we will jointly build and share archival resources. Reference operation model, the American document center, the current in the vigorous development of centralized management authority institution archives authority file management center, entrust the archives management faces the society paid service social intermediary agencies into entity custodian institution archives legislation, gradually grope for establish archives institution system in conformity with the actual needs.

In order to protect the public's right to know, American law attaches great importance to the disclosure of government information. For the convenience of the public information query government, the federal registration law passed by congress in 1935, the national archives is authorized to edit and publish the federal register daily, released unified regulation issued by the federal agencies, all the President's announcement and administrative order, and the President thought has universality and the force of law or congress for public documents. It also publishes information such as meeting notices, institutional activities and policy statements. Congress passed the administrative procedures act of 1946, stipulating that the federal register must provide information on all regulations in progress, publish draft regulations and their descriptions, and that regulations not published in the federal register shall not come into force and shall not come into force until 30 days after its promulgation. In 1966, congress passed the freedom of information act, which established a system under which the public had the right to request any material from federal agencies, which were obliged to make decisions on public requests. If a government agency rejects a specific request from the public, it must give reasons. Citizens who are denied access to information may file for reconsideration and judicial review. The freedom of information act sets standards for information disclosure and non-disclosure. Nine categories of materials, including national security information, trade secrets, judicial investigation documents and pre-decision information, may be excluded from disclosure as exceptions, but government agencies have the burden of proof to prove that materials not disclosed are exceptions.

Under the privacy act of 1974, which congress passed, any individual can view material about themselves held by federal agencies. The owner of the material can challenge the accuracy of the information. If an individual's rights are violated, a civil action may be instituted. 1978 the President documents act passed by congress, the President of the definition of files, documents and open to the public to make the rules, established in 1981 after the formation of the President on January 20, files, documents to the state, the presidential library in addition to a small number of personal privacy and national security documents, other documents and archives must be open to the public after the President office for 12 years. In 1996, congress passed the freedom of information act amendment, adding principles and methods that should be followed when making electronic information public to the freedom of information act, requiring that federal agency materials available for public access and reproduction must be available online and in writing.

In accordance with a series of government information disclosure regulations enacted by the congress and in the spirit of government information disclosure as the principle and non-disclosure as the exception, the us government agencies and government archives departments are very active in opening archives, except for the strict control of individual documents during the opening period. In order to better preserve and facilitate the use of a large number of government documents published by the federal government and state governments, such as laws and regulations, statistical data, government research reports and serial publications, the United States has established a trusteeship archive on the basis of existing archives to undertake the functions of collecting, storing and providing government documents. According to the provisions of law or contract, custodian archives can automatically obtain government documents and have the obligation to keep these documents for the government and meet the needs of citizens for government documents. Those eligible to be entrusted archives are mainly large public archives held by the government. In order to protect the interests of the public, especially the users of archives, the United States adopts the mode of integrating the right to use archives and the right to publish archives. Americans believe that archives of government agencies belong to public property, and citizens have the right to use and publish archives belonging to public property. For freely available archives, users are free to consult, copy and publish them. The right to publish archives is in the hands of the users. Although archives and official institutions keep files, they have no right to publish them. Foreigners in the United States have the same right to use archives as local citizens. As long as the user is at least 14 years old, with identification documents and a clear purpose of access, he or she can go to the national archives to check the files that have been opened. Public archives established by the government shall not charge any fees except the cost of copying files.

Drawing on the legislative experience of the United States in the opening of archives and adapting to the development needs of government information disclosure, the author holds that archives kept by state organs should be explicitly required to be open to the society in accordance with the requirements of government information disclosure. Relying on the national archives utilized as the government deals with storage and geared to the needs of society to provide historical information of the inherent function advantage, in order to promote the government information publicity, archives legislation should confirm all levels of the national archives is the party and government organs at the same level have publicly normative documents and related government publications concentrated place, party and government organs at the corresponding level public release regulatory documents and print publications, books, shall be at the same time has publicly normative documents and published books or submit it to the national archives at the same level of government. Convenient in order to maximize the social public the development and utilization of archives information resources, protect the social public use file's enthusiasm, give full play to the social function of archives, should be appropriate to reduce the archives repositories or state organs shall enjoy the right of state-owned archives announced the scope of application, cancel the archives repositories or state organs through legislation to open state-owned archives shall enjoy the right of release, as long as it is included in the scope of open files, anyone can use them freely, also includes the freely available. According to the principle of transparency and the principle of national treatment advocated by the world trade organization to which China is a member, the legislation should not discriminate between domestic and foreign users on the condition of using archives, but should adopt an equal attitude. The fees charged by legislation for the provision and utilization of archives by national archives shall be abolished, and no fees shall be charged for the provision and utilization of archives, except the cost fee for copying archives.

Above is the author inspects the American archives legislation situation after some experience. Need to point out that our country archives legal system has its own advantages and strengths, and file related very closely to legislation and national conditions, due to the social system and ideology between China and the United States vary greatly, acknowledge their archives legislation certain aspects of the advanced nature, is not to say just can use simple transplant. However, "stones from other mountains can attack jade", the author believes that understanding the American archives legislation situation, for promoting the construction of China's archives legal system, to ensure the healthy and coordinated development of China's archives cause, there must be certain reference significance and reference value.

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