In principle, citizens and organizations can only use (read, copy, extract) the files that have been opened for necessary work, and cannot be released to the public without authorization.
Because the archives kept by national archives at all levels belong to archives and relevant units authorized by the state. In addition, the arbitrary publication of archives may infringe upon the rights and interests of others and seriously endanger national security.
If you want to use a copy of a file for the purpose of publication, you must first apply to the file management department to indicate the real purpose of use, and ensure that it will not endanger national security or infringe upon the rights and interests of others, and obtain the approval of the file administration department, otherwise it cannot be published.
Open file:
Article 19 of the Archives Law stipulates that archives kept by the National Archives are generally open to the public for 30 years from the date of formation. The period for opening economic, scientific, technological and cultural archives to the public can be less than 30 years, and the period for opening archives involving national security or vital interests and other unsuitable archives to the public can be more than 30 years. The specific time limit shall be formulated by the national archives administration department and submitted to the State Council for approval and implementation. Archives should regularly publish the catalogue of open archives, and create conditions for the use of archives, simplify procedures and provide convenience. People's Republic of China (PRC) citizens and organizations have legal documents and can use the files that have been opened.
Article 19 of the Measures for the Implementation of the Archives Law stipulates that the archives kept by national archives at all levels shall be opened to the public by stages in accordance with the relevant provisions of the Archives Law, and the catalogue of open archives shall be published at the same time. Start time of archives opening: (1) archives before the founding of People's Republic of China (PRC) (including archives of the Qing Dynasty and before the Qing Dynasty; The Archives of the Republic of China and the Archives of Revolutionary History shall be open to the public from the date of implementation of these Measures. (two) the archives formed since the founding of People's Republic of China (PRC) have been open to the public for 30 years since the date of formation. (3) Economic, scientific and cultural archives can be opened to the public at any time. 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 that have been completed for 30 years since their formation, but the archives think that they are still not suitable for opening due, and may be postponed to the public with the approval of the archives administration department at the next higher level.
Article 2 of the Measures for Opening Archives of National Archives at All Levels stipulates that archives kept by national archives at all levels are generally open to the public for 30 years from the date of formation, and economic, scientific, technological and cultural archives can be opened in advance, and archives involving national defense, diplomacy, public security and national security are open for 50 years from the date of formation. If the above-mentioned files need to be kept confidential or controlled according to the relevant provisions of the state, the files should continue to be extended.
2. Archives utilization and publication methods:
(1) the relevant provisions of the archives law implementation measures:
Article 20? All kinds of archives at all levels provide archives to the society, and microfilm should be gradually used instead of the original. Microforms and files in other reproduction forms, which are signed or sealed by the legal representative of the file collection unit, have the same effect as the original files.
Article 21? The use of archives mentioned in the Archives Law refers to the reading, copying and abstraction of archives.
People's Republic of China (PRC) citizens and organizations with letters of introduction, work permits, identity cards and other legal documents can use the files that have been opened.
Foreigners or foreign organizations using archives that have been opened in China must be introduced by the relevant authorities in China and approved by the archives where the archives are kept.
State organs, public organizations, enterprises, institutions and other organizations, as well as citizens of China, shall obtain the consent of the archives where the archives are located and, if necessary, the consent of the relevant archives administration departments.
Archives kept by archives institutions of state organs, public organizations, enterprises, institutions and other organizations that have not been handed over to the archives, and other organs, public organizations, enterprises, institutions and citizens of China who need to use them, must be approved by the archives preservation unit.
All kinds of archives at all levels should create convenient conditions for the social use of archives. Files provided for social use can be charged according to regulations. The charging standard shall be formulated by the State Archives Bureau in conjunction with the price management department of the State Council.
Article 22? The term "archives disclosure" as mentioned in Article 22 of the Archives Law refers to the first disclosure of all or part of the original documents of archives or the specific contents recorded in archives through the following forms:
(a) through newspapers, periodicals, books, audio-visual and electronic publications;
(two) broadcast through radio stations and television stations;
(three) spread through the public computer information network;
(4) reading and playing in public places;
(5) Publishing and distributing the full texts or excerpts of archival historical materials and materials;
(6) publicly selling, distributing or posting copies of archives;
(seven) exhibition, public display of archives or their copies.
Article 23? The publication of archives owned by the state shall be handled in accordance with the following provisions:
(a) kept in the archives, published by the archives; When necessary, it shall be published with the consent of the file forming unit or the approval of the superior competent department of the file forming unit.
(two) kept in the archives of each unit, announced by each unit; When necessary, it shall be reported to the higher authorities for approval and then announced.
(3) Units and individuals that make use of archives owned by the state have no right to publish archives without the consent of the archives and archives storage units or the authorization or approval of the competent authorities listed in the preceding two paragraphs.
When archives owned by collectives, archives owned by individuals and other archives that are not owned by the state and are of preservation value to the state and society are released to the public, their owners shall abide by the relevant provisions of the state on confidentiality and shall not harm the interests of the state, society, collectives and other citizens.
Article 24? The national archives at all levels shall obtain the consent of the file owner when publishing and using the registered files.
Article 25? The use and publication of archives shall not violate the laws and regulations of the state on intellectual property protection.
② Relevant provisions of the Measures for Opening Archives of National Archives at All Levels:
Article 5? The archives opened by national archives at all levels must be systematically sorted out and compiled with archives or archives-level open directory project Project for users to search by themselves. Damaged or faded or diffused files should be repaired and protected, and ancient, precious and important files should be provided in copies instead of originals. ?
Article 6? National archives at all levels should be equipped with open file reading rooms and necessary reading and copying equipment to provide convenience for users. ?
Article 7? The procedures for using open files in national archives at all levels are: mainland citizens can use them directly in archives with ID cards or work permits and letters of introduction. Compatriots from Taiwan, Hong Kong, Macao and overseas Chinese who have obtained the historical certificates of themselves and their relatives can use them directly in the relevant files with their home visit cards, ID cards and other valid documents; The use of other open archives shall be introduced by the inviting unit, cooperative unit or receiving unit of the mainland, and an application shall be submitted to the National Archives Bureau or the relevant archives 30 days in advance to explain its identity, the purpose and scope of the use of archives and other relevant information. The procedures for foreign organizations and individuals to use China archives shall be handled in accordance with the Trial Measures for Foreign Organizations and Individuals to Use China Archives. ?
Article 8? Users who use national archives at all levels to open archives must obey the arrangement of archives and abide by relevant regulations. Violators may be advised or dealt with in other ways according to the situation. If the archives are damaged in use, the archives may order the users to make compensation or give other treatment according to the value of the archives. ?
Article 9? The national archives at all levels shall collect fees for the provision and utilization of archives in accordance with the relevant provisions of the state, and shall not increase the charging items and raise the charging standards without authorization. ?
Article 10? Users who want to copy the files opened by the national archives at all levels must fill in the copy application form, which shall be handled by the archives with the approval of the curator. The content and quantity of files that can be copied shall be decided by the archives as appropriate. ?
Article 11? Archives kept by national archives at all levels belong to archives and relevant units authorized by the state. Documents extracted and copied by users may be cited in research works without violating the relevant provisions of the state, but they may not be published in any form without authorization. When users quote the contents of documents in writing, they should indicate the collection unit and document number of the documents. The archives encourage giving them books or other academic achievements written by the archives as gifts. ?