Study On The Punishment To Illegal Activities Against The Archives Law

Punishment to illegal activities is one of the most important functions of law. Among them, punishment to illegal activities against the Archives Law, carried out by the department of archival law enforcement, is engaged in protecting the authenticity and integrity of archives, the lawful rights and interests of archives, and the work order of archives. All in all, it is one of the most important parts of archival enforcement. In China, there are a few problems in the aspect of punishment to illegal activities against the Archives Law now, such as the effect of administrative enforcement of the department of archives is low, the strength of punishment and discipline is weak, and so on and so forth. The decision of the 4th plenary session of 18th CPC Central Committee is that Chinese government plans to build our country under the socialist rule of law, this decision can be benefit to the rule of Archives Law in China and improve the degree of mutual penetration of law and archives. Under the background, we’d better study punishment to illegal activities against the Archives Law in a hurry. Because this study can raise the level of archival law enforcement by improving punishment to illegal activities against the Archives Law, which is helpful to promote the procedure of the rule of Archives Law in China, and enrich the contents of mutual penetration of law and archives.This study’s object is the punishment to illegal activities against the Archives Law. This study follows an approach as "concept-condition-problem-countermeasure". Data studies, comparative analysis, case studies are adopted in this study. The finishing point of this study is to improve the punishment to illegal activities against the Archives Law and raise the level of archival law enforcement in China.This study consists of five parts. The first part is "Introduction", which introduces the situation of the study briefly. Specifically, this part includes the background, purpose and significance, overseas and domestic status, research contents, methods adopted in the study, and innovations in this study, to be preparations for next parts. The second part is "Over view of the punishment to illegal activities against the Archives Law." In this part, the three basic concepts are defined firstly, which are "illegal activities", "illegal activities against the Archives Law", and "punishment to illegal activities against the Archives Law". Then, the features of punishment to illegal activities against the Archives Law, which includes "rich and dispersion" in contents, "soft and restraint" in strength, "age and dependence" in regulations of self-development, are all derived from analysis by inductive and contrastive method. After that, this part introduces the conditions of punishment to illegal activities against the Archives Law in ancient times, modern times, and contemporary era respectively. At last, this part draw a conclusion that punishment to illegal activities against the Archives Law has significances as "prevention of authenticity and integrity of archives", "prevention of lawful rights and interests of archives", "prevention of work order of Archives", and "governing archives by law" by Combining the situations of archives in China now with the history of punishment to illegal activities against the Archives Law. This part’s purpose is to build a basic understanding of punishment to illegal activities against the Archives Law. The third part is "the current situation of punishment to illegal activities against the Archives Law". In this part, the current legal documents which have relationships with punishment to illegal activities against the Archives Law in contents are introduced in order of law, administrative regulation, local regulation, and department regulation. Then the measures taken by the departments of administrative enforcement, in which the department of archives plays the dominant role, are stated respectively. From these above, the effect of "maintaining the authority of Archives Law", "promoting the social status of departments of archives", "restraining the spread of breaking Archives Law" are praised and the shortcomings in the contents of law, the strength of punishment, and the level of administrative enforcement of Archives are pointed out. This part’s purpose is to build a further understanding of punishment to illegal activities against the Archives Law, and to find the breaches of improving the system of punishment to illegal activities against the Archives Law by the shortcomings’ guidance. In the fourth part, the shortcomings mentioned above are summarized as three aspects, which are legislation, enforcement, and others. Correspondingly, the countermeasures are put forward according to the three aspects above. The countermeasures’final goal is to raise the level of archival law enforcement in China. The fifth part is "Epilogue". It consists of two sections, which are "summary of results" and "research prospects". In the section of "summary of results", the results derived from this study are stated one by one, and the value of this study is estimated. In the section of "research prospect", the shortcomings of this study are pointed out, which are horizon of this study is narrow and the practicalness of study’s conclusion is lack. In the end, the study makes an appeal to many other archival scholars that we had better take part in the study on punishment to illegal activities against the Archives Law based on the author’s confidence in this study.