Is this how to organize legal education files?

1. When is the National Legal Publicity Day?

National Legal Publicity Day is December 4th every year.

2. What goals are set out in the “Fifth Five-Year Plan for Legal Publicity and Education of the National Archives System”?

The "Fifth Five-Year Plan for Legal Publicity and Education of the National Archives System" proposes that through the implementation of the "Fifth Five-Year" legal popularization plan, we will further enhance the legal concept and awareness of archives among all citizens, and further enhance the archives knowledge of civil servants in the archives department. The concept of the rule of law, improve the ability and level of administration according to law, further enhance the consciousness of archives departments in governing according to law, and improve the level of managing according to law and serving society.

3. What is the archives regulatory system?

The archives laws and regulations system refers to the Archives Law of the People's Republic of China as the core and consists of a number of laws and administrative regulations related to archives work that comply with the provisions of the Laws and Regulations of the People's Republic of China. An interconnected and coordinated unity composed of laws, local regulations, rules and other normative documents.

4. What is the function of the Archives Law?

The functions of the Archives Law are mainly reflected in:

(1) It is the legal basis for managing my country’s archives undertakings.

(2) It is an effective weapon to effectively protect archive wealth and develop archive resources.

(3) It is a code of conduct for citizens, legal persons and other organizations engaged in archival affairs.

(4) It is the legal guarantee for citizens to safeguard their archives rights and fulfill their archives obligations.

5. How does my country’s archives work reflect the principles of unified leadership and hierarchical management?

Article 5 of the "Archives Law" establishes "unified leadership and hierarchical management of archives work" as an important principle in the form of law. At the same time, Chapter 2 Archives Institutions and their Responsibilities Article 6 It can be seen from the regulations that the national archives administration department (i.e., the State Archives Bureau) is the administrative department in charge of archives work nationwide. The archives administration departments of the local people's governments at or above the county level are provincial, prefecture (city), and county archives bureaus respectively. It is the administrative department in charge of archives work in this administrative region. Archives work nationwide must accept the overall planning and coordination of the State Archives Bureau, and accept the supervision and guidance of the State Archives Bureau and local archives administrative departments at all levels.

6. Agencies, groups, enterprises, institutions and other organizations should strengthen their leadership over the archival work of their units and ensure that archival work is carried out in accordance with the law. What aspects of work should be done well?

Article 5, paragraph 2, of the "Measures for the Implementation of the Archives Law" stipulates that agencies, groups, enterprises, institutions and other organizations should strengthen the leadership of the archives work of their own units and ensure that the archives work is carried out in accordance with the law. Specifically, the following three aspects of work should be done:

(1) From the perspective of the rule of law, we should attach great importance to and strengthen the leadership of the archives work of the unit, and reasonably determine the legal status of the archives work in the unit.

(2) Improve the unit’s archives organization and provide necessary conditions for its improvement and development.

(3) Gradually improve the archival working conditions of the unit, meet the material requirements for the normal development of the archival work of the unit, and ensure that the archival work of the unit is carried out in accordance with the law.

7. Which behaviors with outstanding achievements in archives work should be rewarded by the people's government, archives administrative departments or units?

Article 6 of the "Implementation Measures of the Archives Law" stipulates five types of behaviors that should be rewarded:

(1) Those who have made outstanding achievements in the collection, arrangement, and provision of archives .

(2) Those who have made remarkable achievements in the protection and modern management of archives.

(3) Those who have made important contributions to archival research.

(4) Donating important or precious archives to the country.

(5) Those who have outstanding performance in fighting against violations of the archives laws and regulations of the People's Republic of China.

8. Why does the Archives Law and its implementation measures regard donating important or precious archives to the National Archives as a reward condition?

Article 16, paragraph 3, of the Archives Law stipulates that “those who donate archives to the state shall be rewarded by the archives office.” Article 6, Paragraph 4 of the "Measures for the Implementation of the Archives Law" stipulates that those who donate important or precious archives to the state shall be rewarded. Our country has a long and splendid history and culture, and its historical archive resources are very rich. Some archives themselves are also cultural relics. In particular, a considerable part of the historical archives formed in different historical stages are still scattered among the people due to political and social reasons. Through a large number of collection activities, various archives at all levels have collected some important and precious archives from the private sector and other organizations, so that these archives are not only properly kept, but also utilized on a larger scale. . But this kind of collection activity has certain limitations after all. And the files collected by the archives so far cannot fully reflect our country's long history and splendid culture. Therefore, the Archives Law and the Implementation Measures of the Archives Law set the donation of important or precious archives to the National Archives as a reward condition, with the intention of using a combination of spiritual encouragement and material encouragement to promote the whole society to form a good Social atmosphere encourages every citizen to consciously protect archives, promotes the enrichment of archives collections and the development and utilization of archive information resources.

9. What are the responsibilities of the archives agencies of agencies, groups, enterprises, institutions and other organizations?

Article 9 of the "Implementation Measures of the Archives Law" stipulates that the archives agencies of agencies, groups, enterprises, institutions and other organizations shall perform the following duties in accordance with the provisions of Article 7 of the "Archives Law":

(1) Implement relevant laws, regulations and relevant national guidelines and policies, establish and improve the unit’s archival work rules and regulations;

(2) Guide the formation, accumulation and collection of the unit’s documents and materials Archiving work;

(3) Unify the management of the unit’s archives and transfer files to relevant archives in accordance with regulations;

(4) Supervise and guide the archives work of affiliated institutions.

10. Why do the archival institutions of agencies, groups, enterprises, institutions and other organizations have the responsibility to supervise and guide the archival work of their affiliated institutions?

Article 9, Paragraph 1, Item 4 of the "Implementation Measures for the Archives Law" stipulates, "Supervise and guide the archives work of affiliated institutions." There is a hierarchy between agencies, groups, enterprises, institutions and other organizations and their affiliated institutions. Subordinate relationship, the management of affiliated institutions is determined by this subordinate relationship. This kind of management is not social management, but belongs to the internal management of the unit. The management of a unit involves many aspects, and archival work is one of them. The archival work of these subordinate institutions is relatively independent, and they are generally responsible for their own archival work. As superior agencies, groups, enterprises, institutions and other organizations, they do not replace the specific archival work of the affiliated institutions. What they have to do is to review the archives. Work supervision and guidance. If the supervision of the archives work of the affiliated institutions is insufficient, or the guidance is improper, resulting in losses, it is that the relevant archives institutions, as the superior agencies, groups, enterprises, institutions and other organizations, have not fulfilled the "Archives Law of the People's Republic of China and the People's Republic of China". This duty stipulated in the Measures is a dereliction of duty.

11. Why should the materials that the state stipulates should be filed and filed regularly transferred to the archival institution or archival staff of the unit?

Article 10, Paragraph 1, of the "Archives Law" stipulates, "Materials that are required to be archived by the state must be regularly transferred to the archival institution or archival staff of the unit in accordance with the regulations for centralized management. No individual may appropriate it for himself." Before the promulgation of the Archives Law, some units or individuals used various excuses not to file files, or to keep documents and materials generated during official activities as their own, and did not file or refused to file for a long time, resulting in the loss of archives and the damaged. Especially when there are changes in agencies, enterprises, and institutions, there are countless cases of archives being lost or damaged because the usual filing work is not done well.

12. What will be the consequences if the documents and materials that have been sorted and filed are not centrally managed by the archival institution or archival staff of the unit?

Article 12 of the "Implementation Measures of the Archives Law" details the provisions of Article 10 of the "Archives Law", stipulating that "in accordance with the provisions of the State Archives Administration on the archiving of documents and materials, files should be filed Materials shall be collected by the unit's clerical or business organization, sorted, filed, and regularly submitted to the unit's archives agency or archives staff for centralized management. No one may appropriate them for themselves or refuse to file them." In practice, some places or units do not pay attention to archiving and file transfer work. Some staff members keep some important archives of the unit in their own hands for a long time. As a result, the files are lost over time. When the files need to be used, they cannot be found. These files have caused heavy losses to the unit. There are also some staff who treat the archives and documents owned by the state as personal property and take them as their own. Some even use the refusal to archive as a condition to blackmail the unit. When the unit cannot satisfy their personal desires, the archives and documents in the hands of the individual will be taken away. Selling it privately will cause irreparable losses to the country and the unit.

13.What is a confidential file?

The so-called confidential files refer to files that record state secrets. According to Article 2 of the "Law of the People's Republic of China on Guarding State Secrets" (hereinafter referred to as the "Secrecy Law"), state secrets refer to "relevant to the security and interests of the country, determined in accordance with legal procedures, and can only be used within a certain period of time" Matters that are limited to a certain range of personnel.”

14. Can state-owned files be bought and sold?

Article 17 of the "Archives Law" stipulates that "it is prohibited to sell archives owned by the state." Article 18 of the "Implementation Measures of the Archives Law" stipulates that "archives owned by the state, any organization or individual Not for Sale.” Therefore, state-owned archives cannot be bought or sold.

15. Why doesn’t the state strictly prohibit archive owners from buying, selling and donating archives that are not owned by the state but have preservation value to the country and society or that should be kept confidential to units and individuals outside the archives?

With the development of reform and opening up and the socialist market economy, simply restricting the sale of files that are not owned by the state but have preservation value for the country and society or that should be kept confidential does not meet actual needs. It should not only safeguard the interests of the country and society, but also not limit the ownership and disposal rights of collectives and citizens over their archives.

In order to ensure that the sale of this part of archives can be carried out legally and openly under the premise of complying with national laws, the Standing Committee of the National People's Congress revised the management regulations for this part of archives owned by collectives and individuals when revising the Archives Law in 1996. Paragraph 2 of Article 16 of the Archives Law stipulates, “The archives owners listed in the preceding paragraph may deposit or sell them to the National Archives; if they are sold to any unit or individual other than the National Archives, they shall be transferred to the National Archives in accordance with relevant regulations. It is strictly prohibited to resell for profit without the approval of the archives administration department of the people's government at or above the county level, and it is strictly prohibited to sell or give it to foreigners." After this modification, it not only solves the unrealistic rule that strictly prohibits the sale of this part of the archives, but also solves the problem of random buying and selling of archives, causing the loss or leakage of important national archives.

16. What should be paid attention to when reviewing the sale and donation of files that are not owned by the state but have preservation value for the state and society, or files that should be kept confidential?

Article 17 of the "Measures for the Implementation of the Archives Law" stipulates that "for archives that are collectively owned, individually owned, or other archives that are not owned by the state and have preservation value for the country and society or that should be kept confidential, the owner of the archives It can be deposited, donated or sold to the national archives at all levels. Any sale, transfer or gift to any unit or individual other than the national archives at all levels must be reported to the archives administrative department of the people's government at or above the county level for approval; it is strictly prohibited to sell to foreigners. "Sell or give away to foreign organizations." With the review and approval of the archives administrative department at or above the county level, archives owners who have no preservation value for the country and society can sell them to units or individuals other than the National Archives. If upon review it is determined that this part of the archives is of preservation value to the country and society or should be kept confidential and should not be sold to units or individuals other than the National Archives, the archives administrative department responsible for the review should publicize my country's archives management to the archives owners. The legal provisions require the archives owner to consciously protect the security of the archives, or to acquire or requisition this part of the archives through patient work. The owner of the archives can legally sell the archives with the approval document from the archives administration department at or above the county level. While reviewing this part of the archives, the archives administrative department can also clearly understand the source of some precious archives, which is conducive to the state's preservation of collectively owned, individually owned, and other non-state-owned archives that are valuable to the country and society or should be Monitoring and management of confidential files.

17. Under what circumstances can copies of files be donated, exchanged and sold to units or individuals at home and abroad?

Article 17 of the "Archives Law" stipulates: "The exchange, transfer and sale of copies of archives shall be handled in accordance with national regulations." According to the third paragraph of Article 18 of the "Implementation Measures of the Archives Law", Copies of archives may be donated, exchanged or sold to units or individuals at home and abroad only under the following circumstances, subject to review and approval by the State Archives Administration or the archives administration department of the people's government of a province, autonomous region or municipality directly under the Central Government:

(1) To collect and exchange our country’s archives lost abroad;

(2) To carry out international cultural exchanges;

(3) To meet the needs of socialist economic construction;< /p>

(4) For the needs of scientific research;

(5) For the needs of promoting scientific and technological achievements;

(6) For other needs of national interests.

18. What specific regulations does the state have on the export of archives and their copies?

Article 18 of the "Archives Law" stipulates, "Archives owned by the state and files specified in Article 16 of this Law, as well as copies of these files, are prohibited from being transported out of the country without permission." According to this principle, Article 19 of the "Implementation Measures of the Archives Law" further specifically divides state-owned archives into several types, and clearly stipulates which ones are not allowed to be exported, which ones are allowed to be exported, and how to export them.

No organizations or individuals are allowed to carry out of the country any files that are identified as first-level files in the collections of national archives at all levels, whether they are originals or copies.

If files in the collections of national archives at all levels are determined to be secondary files, whether they are original files or copies, and need to be transported out of the country, they must be reviewed and approved by the State Archives Administration.

If third-level archives and other unclassified archives held by national archives at all levels, whether they are originals or copies, need to be transported out of the country, they must be reviewed and approved by the provincial archives administrative department. .

Archives and their copies that are collectively owned, individually owned, and not owned by the state but have preservation value for the state and society or that should be kept confidential, no matter where they are stored, if they need to be transported out of the country It must also be submitted to the provincial archives administrative department for review and approval.

19. Under normal circumstances, how should organizations and individuals who need to carry files or copies of files out of the country declare to the relevant departments?

Under normal circumstances, organizations and individuals that need to carry files or copies of files out of the country should report to the State Archives Administration or the local provincial archives administration department one month in advance. After receiving the application, the archives administrative department shall review it in a timely manner and make a decision on approval or disapproval. If necessary, it may review it together with the relevant archives formation department or the national confidentiality department. The customs will inspect and release the goods based on the approval documents.

20. Archives stored in archives should be opened to the public in phases and in batches. Is there a specific opening time?

The archives stored in the archives should be opened to the public in phases and in batches, with a specific starting time for opening. Paragraph 1 of Article 20 of the "Implementation Measures of the Archives Law" stipulates:

(1) Archives before the founding of the People's Republic of China (including archives in the Qing Dynasty and before the Qing Dynasty; archives during the Republic of China) Archives and revolutionary historical archives), shall be open to the public from the date of implementation of the "Implementation Measures for the Archives Law";

(2) Archives formed since the founding of the People's Republic of China shall be opened to the public from the date of formation; Open to the public after 30 years;

(3) Economic, scientific, technical, cultural and other archives can be opened to the public at any time.

21. Why are archives open to only national archives at all levels?

Article 20 of the "Measures for the Implementation of the Archives Law" limits the subjects of open archives to national archives at all levels, which clarifies that only national archives at all levels have the legal responsibility to open archives to the public. The national archives at all levels referred to here refer to the national comprehensive archives and specialized archives at the central, provincial, prefectural, municipal and county levels that are responsible for receiving and preserving archives, excluding departmental archives and various agencies, groups, enterprises and institutions. Archives within units and organizations or archives with the nature of archives. This is because departmental archives are mainly institutions that collect and manage departmental archives, and due to the particularity of their archives content, such as departmental archives such as diplomacy, security, and public security, the opening period of the archives they store is different from that of the National Comprehensive Archives and specialized archives. Archives are different. For archives rooms within agencies, groups, enterprises, institutions and organizations, because the files they keep are relatively recent and are highly realistic and confidential, the files they keep do not fall into the category that should be opened upon expiration. It also does not undertake the task of opening the archives to the public, and is generally only for internal use of the unit.

22. Why are there restrictive regulations on the opening of files?

Article 19 of the "Archives Law" stipulates: "Archives kept by the National Archives shall generally be open to the public 30 years from the date of formation. Economic, scientific, technical, cultural and other archives shall be open to the public The period of opening to the public may be less than 30 years. The period of opening to the public of archives involving national security or major interests and other expired documents that should not be opened to the public may be longer than 30 years. The specific period shall be formulated by the national archives administration department and submitted to the State Council for approval. Implementation.

Article 20, Paragraph 2, of the "Implementation Measures for the Archives Law" stipulates: "The archives listed in the preceding paragraph involve national defense, diplomacy, public security, national security and other major national interests, as well as other archives. Archives that have been 30 years old from the date of formation but the archives office deems it inappropriate to open them after expiration can be extended to the public with the approval of the superior archives administrative department." There are restrictive regulations on the opening of relevant archives. Generally speaking, open files are not unreserved and unconditional. For general files, they lose their confidentiality after 30 years, but this does not exclude the existence of files that are not suitable for disclosure. For such files, it is necessary to do so. Delaying the opening or controlling the use is in the interests of the country and the nation. It is also the current common practice in many countries in the world to open archives. Although the archives have reached 30 years but the archives deem it inappropriate to open, they can continue with the approval of the superior archives administrative department. The extension of the opening will be decided by the archives administration department according to relevant regulations and specific circumstances.

23. In addition to the scope of state secrets, what other factors make it possible. Does the opening of archives need to be postponed?

According to the provisions of the Archives Law and the Implementation Measures of the Archives Law, except for archives that fall within the scope of state secrets stipulated in the Secrets Law and are not suitable for opening to the public, the opening needs to be postponed. There are also technical and other reasons for this, because a considerable part of the files preserved by national archives at all levels have not been scientifically organized. Some have no sheets or page numbers, some have no file titles, and some have no file titles. Due to natural reasons, the paper has aged and the handwriting has faded. Without further restoration and arrangement, it cannot be directly used by the public. Therefore, this part of the archives may also be delayed in opening to the public.

24. What is the specific form of archive use?

Article 19, paragraph 3, of the Archives Law stipulates that citizens and organizations of the People's Republic of China can use open archives with legal certificates. Article 22 of the Measures for the Implementation of the Archives Law clearly defines the connotation of the use of archives. The use of archives refers to the legal use by units or individuals of archives stored in various types of archives or archives rooms at all levels through reading, copying and excerpting. Behavior. The specific forms of using archives can be divided into the following types:

(1) Reading refers to the user's need to consult the reading room, reception room and other places specially designed in the archives (room). Original archives or archive microforms or copies:

(2) Copying refers to the archival content that users need to use through photography, copying, rubbing, typing, etc. The method is to copy the original file for users to take back for use;

(3) Excerpt. It means that in the process of using the archives in the archives (room), the user copies the required parts for his or her own future verification and research needs.

25. What regulations does our country have on the procedures for its citizens and organizations to use open files?

In accordance with the "Archives Law" and the "Implementation Measures of the Archives Law" as well as the "Measures for the Opening of Archives in National Archives at All Levels" promulgated by the State Archives Administration, citizens and organizations of the People's Republic of China Anyone holding one of the legal certificates such as work permit, resident ID card, letter of introduction from the employer, student ID card, etc. can go directly to the archives to use the opened files. Units that have the obligation to provide access shall not refuse to provide access on illegal excuses.

26. What regulations does my country have on the procedures for foreign organizations or individuals to use my country’s open archives?

According to the provisions of the Archives Law, the Implementation Measures of the Archives Law, and the Trial Measures for the Use of my country’s Archives by Foreign Organizations and Individuals promulgated by the State Archives Administration, foreign organizations or individuals use my country’s national archives at all levels. Archives that have been opened can be read, copied, excerpted, or used directly in national archives at all levels with the introduction of the relevant competent authorities in my country and the approval of the archives where the archives are stored. The relevant competent authorities here generally refer to the departments in charge of foreign affairs in my country or the competent authorities of the units that receive foreign organizations or individuals coming to China. The specific procedure is that foreign organizations or individuals can use the archives of national archives at all levels in my country in accordance with relevant cultural exchange agreements signed with governments at all levels and their working departments in my country. They can be introduced to the relevant archives 30 days in advance by the relevant departments in my country that signed the agreement. Apply to the library. To use the archives of the national archives at the central and provincial (autonomous regions, municipalities directly under the central government) level through other means, an application can be submitted to the State Archives Administration or relevant archives 30 days in advance. To utilize archives from national archives at the regional (city, state, league) and county (city, district, banner) levels, applications can be submitted to the National Archives Administration or the relevant provincial (autonomous region, municipality) archives administration department 30 days in advance. Those who apply for the use of archives must explain their identity and the purpose and scope of using the archives, and must pay relevant fees. The relevant regulations of the archives must be followed when using archives.

27. What conditions should users meet if they need to use archives stored in national archives at all levels that have not yet reached the statutory opening period?

According to Article 20 of the Archives Law and Paragraph 4 of Article 22 of the Implementation Measures of the Archives Law, if users need to use the archives stored in national archives at all levels that have not yet been legally opened, Archives with an expiry date must meet the following conditions:

(1) The user must be a state agency, group, enterprise, institution, other organization, or individual citizen of the People’s Republic of China;

(2) The purpose of use is to meet the needs of economic construction, national defense construction, teaching and scientific research and other work;

(3) The consent of the archives where the archives are stored must be obtained, and if necessary Report to the relevant archives administrative department for review and approval;

(4) Comply with relevant regulations formulated by the state regarding the use of unopened archives.

28. Can users use the archives kept by archives institutions of agencies, groups, enterprises, institutions and other organizations that have not yet been transferred to the archives if necessary?

Article 22, Paragraph 5 of the "Measures for the Implementation of the Archives Law" stipulates that "archives preserved by the archives agencies of agencies, groups, enterprises, institutions and other organizations that have not yet been transferred to the archives shall not be transferred to the archives by other agencies, If groups, enterprises, institutions and organizations, as well as Chinese citizens need to use it, they must obtain the consent of the archives preservation unit. Archives kept by the archives agencies of airports, groups, enterprises, institutions and other organizations shall, in accordance with relevant laws and regulations, be transferred to the archives within the time limit. Transfer to the relevant national archives. Before these files are transferred to the relevant archives, they are mainly for inspection and use by users outside the unit. If they need to use them, they must obtain the consent of the unit that saves the files.

29. What is the connection between the publication of archives and the opening of archives? Do the users of archives have the right to publish archives?

The disclosure of archives is closely related to the opening of archives. Closed archives are open to the public in accordance with the law and can be used by all aspects of society. Archives that were previously controlled within a certain range are transformed into open archives that everyone and organizations have the right to use. The Measures for the Implementation of the Law stipulate that users only have the right to use but not the right to publish, and they have no right to "disclose to the public for the first time." The significance of the release of archives is that as long as the contents of the archives are released and enter the public domain, society can be free. Utilization. When using files, it is possible for users to use files that have been published. At this time, it is no longer a question whether the user discloses it to the public. But if the user uses files that have not been published yet

Youth are the future of the motherland. The hope of the nation is the builder and successor of the cause of socialist modernization. The party and the government attach great importance to the growth of young people. my country has made great achievements in the education and protection of young people, and the juvenile crime rate has always been relatively low in the world. . However, in recent years, due to the influence of various negative factors and adverse environments, the juvenile crime rate in our country has become increasingly prominent, causing serious harm and great misfortune to society, families and individuals, and also posing severe challenges to the strategic goal of governing the country according to law. challenges.

In the process of advancing the rule of law and building a socialist country under the rule of law, we have an unshirkable historical responsibility to strengthen legal education for young people and promote their healthy growth. To this end, we investigated the current status, characteristics, and causes of juvenile crime, and made some explorations on how to further strengthen juvenile legal education and prevent juvenile crime. In short, the state has national laws, families have family rules, and law is the foundation of a country. , A country without power cannot stand on the world, let alone establish its own prestige in the world. Whether it is a unit or an individual, the law must be the most important thing. Grandpa Deng Xiaoping even pointed out in 1986: The important thing in strengthening the legal system is education, and the fundamental issue is educating people. Legal education must start from childhood, and legal education must be carried out in primary and secondary schools.

Therefore, each of our primary and secondary school students should study legal knowledge seriously and be a good student who knows, understands and abides by the law