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The Social Regress Of Private Records: Coordination And Balance For Information Rights

Posted on:2008-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2178360215951774Subject:Archival science
Abstract/Summary:
The private records are corresponding to the public archives. It is not only a kind of private wealth but also an important part of national file system and an important supplement of the social history memory. Therefore, to some extent the private records have become the social property. In order to protect the continuity and the integrity of our social history memory, we must add the official management to the procedure of its management.Personal ownership, national management and public using, the three related parts divide the information rights of private records and break someone's monopoly of the information rights. what's more, in lack of effective management system, legislation and issue channel of the private records, there are many conflicts and infringements regarding the ownership, circulation, information issue and using of private records, which leads to the unbalance of information benefit。On the aim of solving the above mentioned problem of the unbalance of information benefit, this article analyze four key problems that behind these contradictions. First, the obliges of information rights of private records are the main body of contradictions; Next, the sticking point of the contradictions lies in the absence of fluent circulation channels and public issue mechanism, which causes the impossibility to obtain sufficient information of private records; third, the goal of settling the contradictions is the establishment of a suitable private records management system. In this system, people can contact with each other and acquire necessary information through the reasonable benefit mechanism; finally, using overseas models and experience concerning the legislation, organization and etc. for reference.In this foundation, the author propose the idea of"social regress"for private records, and advocate to establish a"socialization management pattern" for private records. The main principle is by changing its traditional isolated status to make the private records melt into the systematic management of national organization. Once we can establish a standardized management and reasonable development system for private records, and achieve the coordination of benefits among the main obliges, we will truly realize a "big regress" of the life status and a "big balance" of the information rights for private records.In this management pattern, the author introduces four main bodies, including the owner (individual and private enterprise), the management organization, the agency as well as the public. Simultaneously introduces four management processes, namely the birth, the collection, the storage and the use of private records. From the beginning point to the end point, the pattern pays attention to the entire life cycle of private records. Thereupon, a fluent management process will directly guarantee the fluency, the integrity and the safety during private records'whole life cycle, and can effectively promote the equity and reasonableness in the assignment of the information right.People who produce the private records (the owner) are the beginning point of the"social regress"and have to fulfill some duties, like perfectly storage and information sharing. The archival management organizations including archives and market agency are the intermediate point of the"social regress". The public is the end point. They can comprehend and acquire private records both through management organization and personal owner of private records in the form of visiting personal private records archives or exhibition.From the beginning point to the end point, from the owner, manager to the user, from produce, management to utilization, a multi- layers management mechanism of private records has already presents to us. The organic combination of personal management and national management constructed the pattern of private records'socialization, and finally realized the private records'"social regress"from previous dissociative status. It is just in this management pattern that obliges of information rights reach to a close relationship. They restrict each other, but never infract the others. As a result, four balance points of information benefits occur in the route of private records'"social regress".The first is individual, who making his choice in"private" and "national". In the pattern of private records'socialization management, whether personal storage or the official management will only concerns to the means of management, and will certainly not affects the security of private records entity and the realization of its value, even will not result in any flaw of individual information right. On the contrary, the private records'socialization management will surely realize bidirectional balance of rights and duties.The second is archives, whose rights are brought from its official function. Managing private records is an important part of its function. Therefore, in the pattern of private records'socialization management, archives are not only an obligee, but also an obligor.The third one is the government, whose "authority" brings "its right". In the pattern of private records'socialization management, the government fulfills its own responsibility to safeguards the citizen's information right. Simultaneity, the government has got what it wants, such as the rights of preemption, examination, approval and supervision of private records. All the rights can effectively reduce the barrier between the"authority"and the"rights"of government.The fourth is public, the beneficiary of the theory of "right standard". The theory of "right standard" is a basic principle of the pattern of private records'socialization management. In this pattern, an ultimate objective is to realize the entire interests of the common in our society. Although majority of public does not enjoy the ownership of private records, but the pattern provide them with ultimate freedom and protection to acquire the information of private records.Finally, in this article, the author make a further discuss on the mechanism and the support system contained in the pattern of private records'socialization management.In brief, the constructed pattern of private records'socialization management realizes a joint between private records and information rights, and elaborates the management of private records from a brand-new angle of view. The author breaks through the traditional isolated ideas which merely study the national archives or the use of private records, and forms a systematic format including many basic points and an overall flow system to solve problems in the management of private records. At the same time, the article thoroughly discusses the principle, frame, mechanism and support system of the pattern of private records'socialization management from many layers such as the politics, law, and moral. Accordingly, the pattern constructs a scientific benefit structure which is able to promote the benign interaction between different people and many information obliges.
Keywords/Search Tags:Coordination
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