Prof. Qiuhui Xiao's Team Publishes Latest Research on Remedies for Citizens' Right to Access Archives in the Authoritative Archival Journal "Archives Science Study"
Published: 2024-07-30       Posted by:       Views:

Prof. Qiuhui Xiao's team at the Key Laboratory of Intelligent Development and Service of Archives has published the research paper "Research on Remedy Paths for Citizens' Right to Use Archives from the Perspective of the New 'Archives Law'" in "Archives Science Study," a leading journal in archival science and a CSSCI source journal. Prof. Qiuhui Xiao is the first author, and doctoral student Bowen Zhang is the corresponding author.

Figure 1: Screenshot of the Journal Paper

The new "Archives Law" establishes "filing a complaint with the archives administration authority" as the statutory remedy path for the right to use archives. This study analyzes the existing controversies over the administrative subject status of state archives and the nature of administrative acts involved in opening archives for use, as well as the new "Archives Law"'s response to these issues. It deconstructs Paragraph 2 of Article 28 of the new "Archives Law" at both the procedural and substantive levels, and examines whether the complaint handling of archives administration authorities is subject to administrative reconsideration and litigation. Finally, drawing on the idea of "dual constitutional logic," it attempts to construct a diversified and systematic remedy path that is based on complaint handling, takes an interest assessment grounded in "interested relationship" as a precondition, and centers on remedies under the "sovereignty logic" and the "governance logic."

Figure 2: Schematic Diagram of Remedy Paths for the Right to Use Archives under Dual Constitutional Logic