On file with law enforcement and file the theory and practice operational guidance Summary

Abstract: The enforcement of the relevant files and files with the theory put forward operational guidance, and practice the process of evolution, a summary and review.

Keywords: file Law enforcement, operational guidance; with

Since <<Archives Act "promulgated, file administration began enforcement files and file operations in parallel to guide wire .20 times over the years, the administration line in the file, there has always been how to deal with the use of files and file Law enforcement operational guidance of the different views and practices of which files and file operations to guide Law enforcement point of view combined with the popular and respected practice. I put forward this view of the evolution and practice in archives administration for use in a Summary.

First, put forward this view is that SHE chose East <<File Management>> No. 3 of 1995 <<increase <requirement> of the Law enforcement>> a text, he believed that the strengthening of Law enforcement personnel from two aspects. One of them is: "Subject to the conditions of the premise, as much as possible to those who love archives, principled, high-quality business guidance personnel to augment law enforcement inspection team, to overcome the files separate from law enforcement and business guidance to the ' mismatch 'phenomenon ... "[1] from the statement of Mr. She elected to see the East, will work closely with law enforcement and business guidance to strengthen the law enforcement ranks up only a measure of the specific method is the" operational guidance personnel to augment the ranks of law enforcement and inspection in. "This combination is essentially a combination of the quality of personnel. This work has just started law enforcement in the file when it should be said after all, a good way.

By 1997, law enforcement files and file operations to guide the understanding and practice with a new content is very representative of Mr. Huang Shiming, he said: "In order to file in the archives of law enforcement supervision throughout the whole process, the file administration departments to gradually improve and perfect the means of supervision over law enforcement files, do five specific combination of law enforcement supervision and carry out a combination of instruments, Filing, fulfilling law enforcement supervision and conduct, management by objective evaluation of the combination of regular and irregular inspection and enforcement inspection combination of law enforcement supervision and guidance of a combination of business, law enforcement focused on investigating the combination of supervision and. "[2] This is the file with law enforcement and business guidance from the personnel file on a combination of quality, and operational guidance and expanded to a number of files belonging to operational guidance range of specific file operations: Filing instruments, fulfilling, goal management evaluation, inspection and other combination.

Mr. Huang Shiming of the "five with" representatives at the time and after many archivists know, at the same time, this "integration" has a very good operational practice, therefore, been many comrades, especially those in the operational guidance files Comrade widely recognized. For example, full-Biao Zhang, Shi-Jie Liu, tube first three comrades in the sea <<law enforcement supervision and professional guidance to a two-pronged >>(<< China Archives>> 1997 7 one article wrote: "the supervision of law enforcement and business to guide the merger, the business of law enforcement supervision and guidance of section is section, to engage in the business of law enforcement supervision and guidance of the staff, enabling them both when the 'file business instructors', and when the 'file law enforcement supervision inspectors' to the business of law enforcement supervision and guidance of organic together, out of a political, guidance and supervision to ensure a coherent, so that the two complement each other, complement each other. changed enough over the effectiveness of a single guiding the passive situation, guide the work in the usual business if found illegal behavior, on the timely seriously investigated according to law. "identical or similar views, there are many. only in the article directly using the" file with law enforcement and file operational guidance "of the sentence, there are many in the following table is one of the authors and some representative literature.

Only from the table 22 look at the literature, involving 14 different publications, among which, 12 are journal archives, and that half of the core journal archives. Time span from 1997 to 2009 a total of 13 years. the type of speech involved in the leadership literature, documentary work, experiences, and theoretical study and research issues from the geographical point of view, involves Henan, Jiangsu, Yunnan, Hunan, Heilongjiang, Shandong, Beijing, Liaoning, Hebei, Hubei, Fujian and other provinces from the level point of view, involving provincial, city and county administrations at all levels of the file. For example, the Jiangsu Provincial Party Committee Deputy Secretary-General, Army Secretary Provincial Archives Archives of the province in 1999 (Conference of Directors of the speech, the "Lianyungang City Archives will file law enforcement and business guidance combined through the use of < <file a notice of law enforcement supervision>> in the form of illegal and unlawful conduct effective investigation and prosecution of cases "[3] as strengthen supervision over law enforcement, increased law enforcement efforts, according to the results of archives management affirmed. Li Guangquan comrades in Shandong Province Archives Conference in 2000 in his speech said: "Linyi, Dezhou, Jinan, Zibo, Liaocheng, Heze, Weifang, Yantai and other cities to implement the files of law enforcement and business guidance to a combination of law enforcement responsibility, law enforcement inspection system, the joint inspection system. "[4] In 2002, <<China Archives>> No. 8, even based on <<Shandong Archives of innovative practice>> in the title of Shandong Province, the" files of law enforcement and business guidance to the practice of combining "affirmed.

From the practical level, after 2000, file with law enforcement and business guidance to start with the quality of personnel from different departments with the specific combination of operations in various segments of the files of law enforcement and business guidance to fully integrate all aspects evolution of Shandong Cangshan Archives of Liu Fei, Bian Hongjuan on that: "the two organically combine to promote the coordinated development of archives. First, insist on the business of law enforcement supervision and guidance of the combination, on the one hand, in the course of law enforcement supervision through inspection and guidance business to teach, persuade persuasion, etc. to overcome the 'law is not responsible for the masses' phenomenon, can really improve the effectiveness of law enforcement supervision and the other hand, operational guidance with the aid of the seriousness of law and deterrent to law enforcement and supervision To protect, to eliminate the guidance of individual basic units are not active on the business, not with the negative phenomena. Second, insist on guiding the business case of combining punishment with the present, in cases of illegal file penalty, there has been no punishment, much less punished, lighter more, the phenomenon of less severely so, to take the 'fight' pull 'a combination of so-called' hit ', that is, cases of illegal file a verified and never be tolerated, and never relent, overcome all resistance a check in the end, in order to protect <<file method>> dignity 'pull' is found in violation of operational guidance in the event of signs of business rules and hidden, to give correct and timely, pull into the right path, to prevent these events continue to evolve to avoid the occurrence of cases of illegal files, the violations nipped in the bud. In addition, units and individuals for violations serious penalties, the avoid a penalty is over, to keep up with guidance, to take effective remedial measures to help a business to guide a pull to get out as soon as possible after the column. "[5] Again, Pinggu District Archives" as the guiding force to solve the problem of insufficient business, District Archives Bureau in charge of the region's legal system, legal files and advocacy work, to assume the area straight up files 115 file units operational guidance, and file law enforcement and business guidance to organically combine ", [6] in work, adhere to: strengthen the system construction and the combination of business building , regulatory knowledge and business knowledge of the combination of promotion, regulatory knowledge combined with business knowledge training, inspection of law enforcement combined with operational guidance in the inspection of law enforcement combined with the operational guidance, the "First clear division of labor, legal advocacy Division has overall responsibility for the region's law enforcement files at the same time, in charge of all business units through direct guidance, Guidance Section is responsible for township business guidance, to assist law enforcement; Second, while promoting and guiding the daily law enforcement, the legal requirements to file and file management, development , together with the use of quantitative and other business requirements, develop a <<grass-roots work of assessment rules file>> in their daily work, and strive to achieve law enforcement side, side guide, found in the law enforcement problems to be addressed through guidance, to focus on the guidance legal advocacy to improve the social and legal concepts, third, joint law enforcement and guidance at the same time, emphasis on all round view of legal supervision, such as full file law enforcement liaison role, and they often exchange information, law enforcement personnel files in the formation of the region network system, and giving full play to the NPC and CPPCC legal supervision, especially law-enforcement inspection of year-end, we focus on work to resolve legal and business work in heavy, difficult issues, and achieved good results. " . [7]
Thus, at the grassroots level have been some units, law enforcement and business guidance to the file is almost completely mixed, diluted, ambiguous, even confused the file functions of law enforcement and business guidance and scope of the difference.

And two in the <<China Archives>> published an article, then this view and practices, has been the work of the National Archives guide part of the magazine editor's approval. Links to free download http : / / www.hi138.com from this combination of practical effect, in the city and county levels are indeed effective. Li Huiming, Wang Guilan is considered the effect of this combination there are three: First, law enforcement and business "together" enhanced strength to concentrate, reduced friction, the efficiency was significantly enhanced, more detailed content, the content will be integrated into operational guidance among law enforcement, business guidance, while easy to find problems, solve the problem, is conducive to lawlessness nipped in the bud, operational guidance and more authority, and legal work to infiltrate into the business, effectively promoting the business-building, make new breakthroughs operations. The second is to reduce the program in operational guidance can be found in time to solve the problem, simplify the process, but also to prevent the rule of law and business disagreements arise law enforcement personnel, guidance "mismatch" phenomenon. Third, the promotion of instructors University Archives Law, law enforcement personnel learn the business. archives highly specialized, requiring law enforcement officers is necessary to file the law, but also possess the necessary technical expertise of files can be said to participate in operational guidance, technical expertise to master files, improve problem- problems, the files of law enforcement officers "compulsory", on the contrary, the business school of law enforcement personnel as well.

Just when everyone, especially the grassroots archivists admirer of this method at the same time, there are comrades have questioned .2000 Song warm in the <<to strengthen the supervision of law enforcement into operational guidance>> an article that: "In << Law on Archives>> after the enactment of a law enforcement body in particular, is clear, if law enforcement supervision and operational guidance to 'administered by a' file administrative departments will be difficult to adapt to this dual 'role' of the frequent change, is not conducive to supervision of law enforcement and business guidance to carry out, will affect the majesty of the law and the legal process of archival work. "[8] In 2001, Mr. Xing Tao <<Files administrative law enforcement in the county Problems and Solutions>> a text , clearly pointed out: "No county archives department specialized institution of legal affairs, and some guidance from the business section or other sections of the agent from the agency name to see, also fall short of the guidance department by the business to perform law enforcement functions, the name will not ring true , apprenticeship unknown. "[9] In 2008, the <<file management>> published in the <<file law enforcement supervision and professional guidance should be our priorities?>> a text, there are many comrades on the" files and operational guidance interspersed with law enforcement personnel file, the file and file guide law enforcement officers a second term, "the issue debated, questioned and criticized. Operational guidance that the files together and file law enforcement inspection "This approach from the perspective of the rule of law seems there are some problems: we know that the file does not have the mandatory operational guidance, business guidance on the hearing officer whether or not the initiative in the is to guide units, and file law enforcement inspection is different, it is mandatory and authority, the unit being inspected for enforcement decisions of law enforcement officers must obey in this case, law enforcement and file if the file is a combination of operational guidance, staff interspersed , files and file law enforcement professional guidance to staff a second term, how to ensure that units are being guided to listen to the guidance of autonomy? how digestion of file services administration guide compulsory? "[10] This was recognized and respected by many comrades way, causing more and more questioned by more and more criticism.

From the files of law enforcement and file combine business theory to guide research and practice, this approach comes from practice, have good maneuverability, but its legality is questionable. The relationship between the two arguments are the file administration and legal files of improvement in performance, but also reflects an increase in legal knowledge archivists and awareness of the law in the foreseeable future, file and file law enforcement and business guidance to the relationship between the research will yield more fruitful results, for the archives the development of more new ways and methods to promote the archives administration in advance.


References:
[1] She East selection, improve <<requirement>> of law enforcement [J]. File management, 1995 (3).

[2] Huang Shiming, strengthen supervision and promote according to law enforcement files [J]. Shandong file, 1997 (3).

[3] Army. Unite the province's archival work hard to create a new situation - in the province Archives (Conference of Directors of speech [J]. File with the construction of 1999 (2).

[4] Li Guangquan. Innovation solid work in the new century a new situation in the development of archives - archival work in the province speech on the meeting (summary [J]. Shandong file, 2001 (1).

[5] Liu Fei, Bian Hongjuan. Insist on administering the file to promote the development of archives [J]. Chinese archives, 2001 (12).

[6] [7] Li Huiming, Wang Guilan. File legal and operational guidance "four" [J]. Beijing file, 2003 (7).

[8] Song warm, strengthen the supervision of law enforcement into operational guidance [J]. Lantai World, 2000 (1).

[9] Xing-tao. At the county level law enforcement problems in the file and countermeasures [J]. File World, 2001 (2).

[10] Bo-off, drop in the ocean, Ruyang old party, maoyue, nikkidd, taste, thgw, growing trees, wuwen, envy Pro Fish Creek, Spring Autumn. File law enforcement supervision and professional guidance should be our priorities? [ J]. file management, 2008 (3) Links to free download http://www.hi138.com