New Era Three Rights In The Archives Open-up And Utilization

From the case of the conflict which entangled with the proprietary right, the insider right and the privacy right, we knew that there are still a lot of imperfections in the present archives laws and regulations. And the ownership of archive is very important as it refers directly to it's oblige. Thus Archives Law should make a clear definition on this with the existence and practice of Real Right Law in order to avoid the flowing away of national assets by undefined attribution as same as to protect effectively the obliges'legal-ownership of the archives, to embody the democracy and progress of the society. Under the condition of certain attribution of legal-ownership, the real right should be protected equally no matter that oblige is national, collective or private.It is disadvantageous to most of owners and users to accurate their legal use right with a respect of the others legal equity interest and to supervise on the national referent laws and regulations if they don't familiar with the laws and regulations; and for the archives department, it would be very hard to protect the national fundamental interest and promote the trouble-some works of archives if it doesn't take all measures to perfect it. From this point, the author tries to analysis systematically and to amplify the issues of the proprietary right, insider right and privacy right in the informational society on a base of research of national and international information laws in accordance with the key theory of Jurisprudence such as Archives Law, Real Right Law and Information Law and with the main link of archives opening-up and utilization as the access of practice. The archives open-up and utilization refers to multi-aspects equity interest, form that including the protection of the proprietary right, the insider right and the privacy right. And the auther amplified that to respect the others proprietary right, insider right and privacy right is the strong requirement of the harmonic and information society from the case.