On the administrative law on the administrative functions of the file under the

Abstract: The evolution of the administrative functions of the file, the statutory administrative functions file, the file administration file statutory range set forth, the file management functions for the Analysis of administrative and shared his files into the administrative functions of the internal organs of thinking.

Keywords: administration, administration, Law enforcement, business guide

1 file administrative functions History
In the planned economy era, the file administration has always been mandatory operational guidance based management, file management functions of the administrative type of file is an executive order to achieve operational guidance is undeniable, the administration of prescriptive business guide model planned economy era, the development of archives play a key role in that time, although called "operational guidance", but this "guide" with the directive, this directive has the administrative mandatory, Thus, to some extent it is "Law" is "command" must be resolutely implemented, files and business-building work is mainly administrative normative documents by type of operational guidance and executive orders enforced. This is not a file unique characteristics of the administrative depArtment, but the planned economy era, all the administrative organ of the administrative features.

With the reform and opening up and socialist market economy, government administration has undergone a change. Prescriptive management gradually withdraw, replaced by a rule of Law. For this change, should be said that the archives depArtment is still very sensitive in the management of mandatory administrative changes to the Law early on by enacting the <<file method>> for file management functions of the administrative organs according to Law changes the legal basis .

With the implementation of administration according to law, file the administrative functions from the planned economy era, prescriptive guidance based business management and gradually to a socialist market economy of administration according to law-based management paradigm shift, the exercise of administrative functions of the depArtment file, also guided by the business depArtment is divided into two depArtments operational guidance and regulations, but the traditional habits of thinking and the impact of this change is basically lip and the surface, especially at the grassroots level, prescriptive guidance based business management model is still popular.


2 file the administrative functions of the statutory general account
File according to law is the core of exercising the administrative functions of the file must be clear, archival administrative authorities only in the Constitution and the laws and regulations within the scope of, any more than the law of the files and files of executive power is illegal and invalid administrative actions . Therefore, the correct understanding of archives administration and the exercise of statutory functions is particularly important for the file above the county level the main functions of administration, <<file method>> Article VI made it clear that <<Archives Act Implementation Measures> > Article further specifies that: "Local people's governments above the county level file administrative departments in accordance with <<file method>> the provisions of Article 6.2, perform the following duties: (i implement the relevant laws, regulations and national relevant principles and policies, (b develop the administrative area of ​​archives and archival work regulations development plan, and implement, (c supervise and guide the work of the administrative regions of the file, prosecute illegal file, (D organization, guidance The administrative area of ​​theory and scientific and technological research files, file information and file education, archives staff training. "These administrative functions can be summed up in two acts: first, the abstract administrative act, namely to establish rules and regulations and policies, and second specific administrative act, that is relevant departments to supervise, guide, prosecute illegal file where the "supervision" refers to the laws, regulations, rules and regulations to implement the inspection and urge the authorities concerned shall do the archival work. "guide "refers to business counseling, advice, policy interpretation, the parties do file work [1] as the file administration file to implement the specific administrative act, the" supervision "refers to file administrative supervision Check the "guidance" refers to the file administrative guidance, operational guidance rather than prescriptive. file administrative supervision and inspection is a mandatory administrative act, file administrative guidance is non-mandatory administrative action.

File the administrative regulations of the file functions of supervision and guidance, has another dimension, that is, the higher administrative organs of the lower file file administrative authorities to supervise and guide the functions of this "oversight" is superior administrative organs of the file lower administrative files of the administrative organs and their staff to conduct supervision and inspection of law enforcement, and correct enforcement of its illegal or improper conduct of an internal oversight of the statutory functions of such a function is to file law enforcement supervision, its implementation is varied , the commonly used regulatory documents for the record review, coordination of law enforcement disputes, administrative law-enforcement inspection, the implementation of administrative law enforcement responsibility system of administrative law enforcement reporting system, etc., which file is the most important administrative law enforcement inspection files of administrative acts, but it not part of administrative law enforcement, and an administrative oversight. Here the "guidance" is still the administrative guidance, the higher administrative organs of the lower file file administrative authorities do not have any compulsory administrative guidance.

File archives administration regulations bear the same level archives, archives and lower subordinate files for file administration and administrative supervision and inspection functions of investigation of cases of illegal files.

File legislation also provides for specific administration files of the administrative functions, such as, for sell, transfer, gift belongs to the collective, not individuals, and other countries, all of the state and society all have conservation value or confidential files shall be approvals for the use of archives in the file for corruption, lost all the files belong to the state penalties for such behavior, these specific administrative functions are: administrative penalties, administrative enforcement, administrative licensing, administrative confirmation.


3 file administration file statutory range
File administrative functions are limited, the file administration file is the boundary of the statutory range, beyond that there is illegal too. File the statutory scope of the administrative file is <<Archives Act>> file specified range, < <Law on Archives>> Article II: "The term file refers to the past and present national institutions, social organizations and individuals directly engaged in political activities ... ... the formation of the state and society have conservation value ... ... history. "In other words, the file management of the administrative department is the range of files" to save the state and society values ​​"file. Here, pay attention to two issues: First, the statutory definition file, the file is different from the theoretical definition, theoretical definition of the file than the range is smaller. The second is how to determine the value of state and society have to save the file range in accordance with << Archives Act Implementation Measures>> Article II: "<<file method>> The second term on the value of state and society have saved the file, owned by the state, by the National Archives in conjunction with national authorities to determine the specific scope, are collectively all, individuals do not all belong to the state and all other provinces, autonomous regions and municipalities obtain government records administration to determine the specific consent of the National Archives of the range. "So, the files are owned by the state or country by the National Archives Archives in conjunction with national authorities through the establishment of a regulatory nature of the approach and standards, clear the specific scope of such files, such as the National Archives Decree No. 8 <<body documentation archive storage scope and the limit of archives>> and accessories < <archives Retention Schedule>> so, the National Archives and the Supreme People's Court jointly developed <<People's Court litigation files on custody time limit>>, etc. For the non-state files specific range determined by the provinces, autonomous regions and municipalities archives administration departments according to the actual situation in the region to develop file regulatory documents, the specific delineation of the scope of regional non-state files, such as, <<Jiangsu non-State records management approach>> and so on.

As the scope of management of archives administration only in the "preservation of national and community value of the" archives effectively, therefore, only those who produce and custody "of the state and society to save the value of" file state institutions, social organizations, and a talent is the relative administration file range. This range shows that not all areas of production files and all files in these areas are the files generated by the administrative department for management of scope and this scope is file administration according to law to exercise the functions of the premise, This premise must be clear. out of this range for the exercise of administrative actions to the file carefully, otherwise, it is illegal too.


4 Analysis of archival administrative functions
4.1 Analysis of the functions of operational guidance files. File operational guidance functions are planned economy era, prescriptive business guide management of the product, with the comprehensive deepening of promoting administration according to law, replaced the file according to administrative functions. The planned economy era of mandatory file business guidance functions has come to an end, especially in the file file and regulations has made it clear the case of administrative functions, according to law and administration of the executive is "no legal authority is not as" the most basic requirements, prescriptive guidance on file is no longer a legitimate business file administrative functions, but also assert that if the functions, there is a suspected illegal. basically mandatory file contains the file operational guidance for all administrative functions, including the development of standards, oversight, guidance and enforcement functions of administration according to the files under the guidance of the actual business is administrative guidance, reduce the functions of the weakening of its content, the file does not mean mandatory administrative guidance files operational guidance. file administration file is the main business of administrative guidance counseling, consultation and policy interpretation, guidance units being does not have any mandatory, is not obliged to obey the guidance unit administrative guidance files, file administrative guidance is shown more services. However, due to various reasons, the mandatory functions and operational guidance of the file does not exit the stage of history, is still prevalent, especially for files and file operations guide the understanding of the meaning of law enforcement. File operations guide is still the meaning of mandatory operational guidance to that there is a change only to law enforcement is divided out, and was understood as a simple law enforcement investigation and prosecution of illegal files. As a result, also derived from some of the misconceptions and knowledge. there is a file and file law enforcement operations, said guide parallel, [ 2] is a business guide law enforcement to protect the file that [3] file operations guidance is based, said law enforcement files, [4] he just file and file law enforcement professional guidance to these two problems is not a historical period, not of the same nature of management issues pulled together in the file of administrative law enforcement is to protect the file operational guidance, driven by the idea that law enforcement functions of the file to protect files become operational guidance to implement the functions of the auxiliary means to make files lost the original appearance of administrative law enforcement, should have lost functions of the reasons for this situation is: from <<Archives Act "enacted to <<Implementation Outline for the full implementation of the administrative law>> implementation, the file administration did not fully implement the administrative functions of the change.

4.2 Analysis of the functions of law enforcement files. The transformation of functions, is to go to file the administrative functions of administrative law, administrative law is the core of administrative law enforcement. File the administrative law enforcement is part of the administrative law enforcement, in accordance with administrative law argument, it has broad and narrow divided generalized file law enforcement, is the executive organ for the implementation file, implement regulations and to take all administrative actions, both administrations for the implementation file, implement regulations, normative documents and the behavior that the abstract administrative acts . also file administrative organs according to specific people and things, and take directly undermine the right to increase the obligations of the administrative process acts, that the specific administrative act. include file to file administrative organs of administrative guidance, incentives and other non-executive mandatory administrative acts. narrow file administrative law enforcement, refers to file administrative organs of the specific administrative act. main file administrative supervision and inspection, administrative licensing, administrative penalties, administrative enforcement, administrative and other mandatory administrative acts confirmed, while the archival community is generally believed that file administrative law enforcement, is confined to the investigation of specific offenses. This understanding is clearly wrong. Links to free download http://www.hi138.com files must adhere to legal administrative guidance, accurate principles, can not file into a file administration misled the administrative guidance, the file is not legally binding administrative guidance, but if the resulting file administration misleading, resulting in the executive relative damages, file administrative authority must bear the corresponding legal responsibility.

4.3 archival administrative oversight and guidance functions Analysis of the <<file method>> defined in "supervision" and "guidance" is a routine exercise of administrative department files The main statutory functions file administrative supervision and inspection is a mandatory administrative acts, the main is to solve the agencies, organizations, enterprises, institutions and other organizations do not do the archival work and solve these institutions are required by law to establish archives, archived files should be preserved to ensure the security file, solve the "face" on the archives The most basic problem is the minimum requirement. file administrative guidance is non-mandatory administrative actions, mainly to resolve the agencies, organizations, enterprises, institutions and other organizations will do archival work, well prepared questions. For the problem will not do, mainly through business counseling, consulting, offers a variety of file management method of their choice and not compulsory. Files are basically the industry standard recommended standards, such as <<the rules of Filing Documents >> is the recommended standards for well prepared question, actually solve the "point" on issues such as authority files through standardized management approach to achieving certification, play a guiding role model, is the highest development of these are voluntary, not compulsory.

4.4 file the administrative functions of the "offside" and "absence" phenomenon due to file administrative departments did not realize the functions of transformation, nor to clarify the functions, resulting in the functioning of some of the "offside" and "absence" phenomenon. As follows: First, for the people's livelihood, specialized, private enterprises, rural and other archives, on the one hand, operational guidance in the file management mode, for doing such work seems to be inadequate, difficult on the other hand, work on these files, the State, the National Archives Bureau and the relevant ministries issued a large number of laws, industry regulations and regulatory documents to specific requirements and regulations, according to the <<Law Library>> (http://www.law-lib.com/ incomplete statistics from the <<file method>> issued today, the National Archives awarded to industry regulations and regulatory documents 36, the National Archives awarded together with the ministries of industry regulations and regulatory documents 24, ministries of industry, issued by the file regulations and regulatory documents 139, a total of 199, of which most of the people's livelihood and specialized areas of archives of these laws and regulations is administrative organs according to the administrative file based, also subject to regulation. files through the administrative authorities should their own files or joint authorities exercising administrative supervision and inspection functions to supervise the way to do these files work, but, in this regard is almost empty. Second, the higher administrative authorities of the file should lower administrative organs and their archives law enforcement personnel to conduct supervision and inspection by the administrative law enforcement inspection to correct the illegal or improper conduct of law enforcement, and to promote the implementation of its administration according to law, but this area is almost empty. Third, the file administration responsibility Archives archives at the same level and lower-level, file for file administration and administrative supervision and inspection responsibilities of the case investigation file illegal, but this file is also virtually nonexistent law enforcement, if that, "Bureau of museum one" system is causing the file archives on the same level of law enforcement reason for the blank, then the lower archives, file archives administration is no reason a law enforcement a blank face of so many gaps, deserves serious consideration.


Five pairs of archival administrative functions of the division of the internal organs of thinking
Administrative functions to achieve the changes in law, ultimately be implemented to adjust, clarify, clear archival administrative functions within the department.

5.1 In accordance with the existing institutions within the administrative functions of law re-division of responsibilities now, most of the files are equipped with the administrative authorities and regulatory agencies operational guidance, operational guidance department is best to change the name can be changed to "records management guidance office or guidance office files (sections and units ", to perform file administrative guidance, administrative incentives, training, education and other functions, mainly non-mandatory exercise of administrative functions. and Regulation Division (Division, file shares to perform administrative supervision, administrative penalties, administrative enforcement supervision and other duties, is responsible for file operations standards, norms, policies, mainly the mandatory exercise of administrative functions.

5.2 increase in institutions, to strengthen internal supervision, strengthen internal supervision is to protect the law, to effectively perform their statutory duties necessary link in the conditions permit, there should be law enforcement files at the (Division, Unit, or collectively, the "file law enforcement team" dedicated to to fulfill the mandatory administrative functions, in which case no decision on the investigation of unlawful disposition. Regulation Division (Division, shares mainly perform administrative supervision file, the file for approval of law enforcement team investigated cases of illegal files, to develop operational standards and other duties to fulfill the same lower-level archives and the archives department of administrative supervision and inspection, investigation of the case files and administrative supervision law duties. "office file management guidance (Section, Unit)" to perform the file non-binding administrative guidance and other administrative functions.

5.3 county archives division of the functions of administrative organs. As the county administrative office personnel file is relatively small, most of the department has not established rules, such a situation, only "a set of men" to exercise all of the administrative functions of the different nature of the course, professional guidance shares should be renamed "the supervision and guidance shares ", but need to clearly distinguish between the functions of different types of administrative acts, in an administrative act, not the implementation of two different kinds of administrative actions. that is the administrative guidance in the implementation of the file when the file can not implement the administrative supervision and inspection, otherwise , there is "fishing law enforcement," the horse, which is only an expedient measure, long-term solution, as long as conditions are ripe, should be mandatory administrative functions and non-mandatory administrative separation of the functions.

Note: This article is for the 2007 National Social Science Fund Project <<Archives Act, the legislative principle of legislative ideas and>> the initial results, the project approval number 07BTQ027

References:
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[3] Xu Jinzhen. Four-wheel drive form the overall effect - Zaoyang tips for file operations [J]. Hubei file, 1996 (2).

[4] Song Fang. On the market economy, strengthen the administrative functions of the direction of the files, tasks, and means [J]. Shandong file, 1997 (6) Links to free download http://www.hi138. com