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执法依据是行政执法能够有效成立的必备条件。因此,在开展档案行政执法工作中,必须充分注意执法依据的合法、准确和有效,真正做到“以事实为根据,以法律为准绳”。档案行政执法的依据分为法律依据和事实依据两个方面。 档案行政执法的法律依据,是档案行政管理部门作出某一执法行为时所依据的法律、法规或其它规范性文件。档案行政执法的法律依据是档案行政执法行为合法成立的必要根据。档案行政管理部门作出一项行政执法行为必须要有相应的法律根据。
The basis of law enforcement is the prerequisite for the effective establishment of administrative law enforcement. Therefore, in carrying out the work of archives administrative law enforcement, we must give full attention to the lawfulness, accuracy and effectiveness of law enforcement bases so as to truly achieve “based on facts and based on law.” The basis of the file administrative law enforcement is divided into two aspects: legal basis and factual basis. The legal basis for administrative enforcement of archives is the laws, regulations or other normative documents upon which the administrative department for archives makes a law enforcement act. The legal basis of file administrative law enforcement is the necessary basis for the legal establishment of file administrative law enforcement. Archives administrative departments to make an administrative law enforcement must have the appropriate legal basis.