Analysis On The Protection Of Civil Rights In The Practice Of Archive Open-up And Utilization Under The Environment Of Government Information Disclosuring

Archive open-up is a kind of means to make use of archives. It reflects onthe respect and protection of the citizens’ insider right, while the citizens’ privacyright and copyright protection are achieved through the archive utilizationrestrictions on the openness of archives. Openness and utilization of archives andcivil rights are inextricable linked and the civil right of archive access must beexercised without prejudice to national security and interests, and does notinfringe the legal rights of others. The rights and obligations of citizens in thepractice of archive open-up and utilization is the unity of opposites. Comparedwith Western countries under the rule of law, due to the impact of the process ofhistory, culture and social democracy and the rule of law, the legal protection ofownership of archive, the insider right, the privacy right, the copyright, the rightof reputation and other civil rights has been relatively weak, so there are variousacts of infringements in the practice of archive open-up and utilization in China.Under the environment of the disclosuring of government information, protectionof civil rights in the practice of archive open-up and utilization is facing newproblems and challenges. It becomes the focus of the study of openness andutilization of archives in the new era. This paper is to analyze the protection of civil rights in practice of archiveopen-up and utilization under the environment of the government informationdisclosuring from legal perspective. Based on summarizing the previous resultsand drawing on the basis of historical experience, this paper analyzes the civilrights and its legal protection in the practice of archive open-up and utilization,pointing out the violations and the causes in the practice of archive open-up andutilization. This paper discusses the protection of the ownership of archive, theinsider right, the privacy right and the copyright from archives opening angleunder the environment of government information disclosuring, and proposesrecommendations on strengthening the legal protection of civil rights in practiceof the archive open-up and utilization.This paper is divided into four sections: the first chapter focuses on thebackground study, purpose and significance of the research situation and theintroduction of research innovation; the second chapter explains the relationshipbetween the archive open-up and utilization and civil rights, analyzing thecitizens’ rights and its legal protection in the practice of archive open-up andutilization; the third chapter notes and analyzes the archive open-up andutilization violations and the causes; and the forth chapter proposesrecommendations of strengthening the protection of civil right under theenvironment of government information disclosuring.