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为了正确有效地执行《档案法》,《档案法》对于违反档案法律、法规的行为所应承受的法律责任做了明确的规定,这些法律责任包括行政、民事和刑事三个方面,与此相适应,档案执法程序也就形成了行政执法程序、民事执法程序和刑事执法程序。关于行政执法程序,拙作《谈谈档案行政管理部门的执法程序》(见《档案工作》1989年第2期)一文已略有论及,关于刑事执法程序,《刑事诉讼法》中已有明确规定,一般没有特殊程序。民事执法,一般就是仲裁和调解,而在档案执法中有关仲裁的程序目前尚缺少职确的规定。有鉴于此,本文拟就这个问题谈点个人看法。仲裁也叫公断,是当事人双方对争议或问题的争执由第三者居中作出判断或裁决。仲裁的第三者可以是国家机关或主管部门组织的仲裁机构,如公证处。仲裁是一种准司法性质的执法活动。我国档案执法程
In order to implement the “Archives Law” correctly and effectively, the Archives Law clearly stipulates the legal liabilities to be borne by the acts violating archival laws and regulations. These legal responsibilities include administrative, civil and criminal aspects, Adaptation, file enforcement procedures also formed an administrative law enforcement procedures, civil law enforcement procedures and criminal law enforcement procedures. As for the administrative law enforcement procedure, it has been slightly mentioned in my essay “Talking about the Enforcement Procedure of the Administrative Department of Archives” (see “Archival Work”, No. 2, 1989). As for the criminal enforcement procedure, the Criminal Procedure Law has made it clear Provisions, generally no special procedures. Civil law enforcement is usually arbitration and conciliation. However, the procedures for arbitration in the enforcement of archives are currently lacking certain provisions. In view of this, this article intends to talk about personal views on this issue. Arbitration, also known as arbitration, is the judgment or ruling made by a third party on the dispute between two parties to a dispute or issue. The third party to the arbitration may be an arbitration institution organized by a state organ or competent department, such as a notary office. Arbitration is a quasi-judicial law enforcement activity. China’s file enforcement process