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 政策法规
中华人民共和国档案法(英文版)(第四章-第六章)
来源:中华人民共和国国家档案局  更新时间:2019/1/8

 Chapter IV  Use and Publication of Archives

 Article 19 Archives kept by State archives repositories shall in general be open to the public upon the expiration of 30 years from the date of their formation. Archives in economic, scientific, technological and cultural fields may be open to the public in less than 30 years; archives involving the security or vital interests of the State and other archives which remain unsuitable for accessibility to the public upon the expiration of 30 years may be open to the public after more than 30 years. The specific time limits shall be defined by the national archives administration department and submitted to the State Council for approval before they become effective. 

Archives repositories shall regularly publish catalogues of records that are open to the public, create conditions and simplify procedures for the convenient use of archives. 

Citizens and organizations of the People's Republic of China possessing lawful identifications may use archives which are open to the public.  

Article 20 State organs, public organizations, enterprises, institutions, other organizations and citizens may, according to needs in economic construction, national defense construction, education, scientific research and other work, and pursuant to the relevant regulations, use the archives which are not yet open to the public and the archives which are preserved by relevant State organs, public organizations, enterprises, institutions or other organizations.  

Measures for using the archives that are not yet open to the public shall be laid down by the national archives administration department and competent authorities.  

Article 2l Units or individuals that have transferred or donated archives to archives repositories or

deposited archives with them sha11 have priority in the use of such archives and may propose restrictions on the use of parts of the archives that are not suitable for accessibility to the public, and the archives repositories shall protect the lawful rights and interests of such units or individuals.  

Article 22 State-owned archives shall be made public by archives repositories or State organs authorized by the State; no organization or individual shall have the right to make public such archives without permission from such archives repositories or State organs. 

With respect to collectively-owned or individually-owned archives, the owners shall have the right to make them public but they must abide by the relevant State regulations, and may not endanger the security and interests of the State or encroach upon the lawful rights and interests of others.  

Article 23 Archives repositories of all types and at al1 leve1s shal1 have research personnel to improve research in arrangement of archives, and compile and publish archives in a planned way for distribution within various circles.  


Chapter V  Legal Responsibility  

Article 24 If any of the following acts is committed, the archives administration department of the people's government at or above the county level, or the competent authorities concerned shall, in accordance with law, impose administrative sanctions on persons directly in charge or other persons directly responsib1e for the case; and if the case constitutes a crime, criminal responsibility shall be investigated according to law: 

(l ) damaging or losing State-owned archives; 

(2) providing, transcribing, publicizing, or destroying State-owned archives without authorization; 

(3) altering or forging archives; 

(4) selling or transferring archives without authorization in violation of Article l6 or Article l7 of this Law; 

(5) selling archives for profit or selling or giving archives to foreigners; 

(6) failing to file records in accordance with regu1ations or failing to transfer archives as scheduled, in violation of the provisions of Article 10 or Article 11 of this Law; 

(7) failing to adopt any measures for the archives being preserved, with know1edge that they arc in danger, thus causing damage to the archives; or 

(8) causing losses to archives as a result of neglect of duty on the part of archivists. 

"Whoever commits an illegal act as specified in sub-paragraph (l), (2) or (3) of the preceding paragraph in the course of using records of an archives repository, the archives administration department  of the people's government at or above the county level shall give him a warning and may also impose a penalty; those who have caused losses shall be ordered to compensate the losses.  

If an enterprise, institution or individual commits an illegal act as specified in sub-paragraph (4) or (5) of the first paragraph, the archives administration department of the people's government at or above the county level shall issue a warning, and may also impose a pena1ty; the illegal income, if there is any, shall be confiscated; and the archives that have been sold or given away may be requisitioned by purchase according to the provisions of Article 16 of the Law.  

Article 25 If anyone carries or transports archives or duplicates thereof, the exit of which from the country is forbidden, out of the territory of China, such archives or duplicates thereof shall be confiscated by the Customs, a penalty may also be imposed; and the confiscated archives or duplicates thereof shall be transferred to the archives administration department; if the case constitutes a crime, criminal responsibility shall be investigated according to law.  

Chapter VI Supplementary Provisions

 Article 26 Measures for the implementation of this Law shall be formulated by the national archives administration department and shall enter into force after being submitted to and approved by the State Council.  

Article 27 This Law shall come into force as of January l, l988.


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