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《档案法实施办法》颁布后,档案界有些同志认为,其中关于处罚的条文不甚明确、具体.措词弹性大,因而缺乏权威性。实际上,这是一种误解。从法学角度来看,上述问题恰恰是一种立法中的正常现象,法学称之为自由裁量权。自由裁量权是指国家行政机关在法律、法规规定的原则和范围内有选择余地的处置权力。它是行政机关及其工作人员在行政执法活动中客观存在的,由法律、法规授予的职权。在档案行政执法中,国家各级档案行政管理部门及有关行政管理机关在《档案法》及其《实施办法》规定的原则和范围内对一切违反《档案法》及其《实施办法》的人或事件进行处置时,也有一定的选择余地,这种权力
After the promulgation of the Measures for the Implementation of the Archives Law, some comrades in the field of archives considered that the provisions on sanctions were not clear and specific, and the terms were very flexible and thus lacked the authority. In fact, this is a misunderstanding. From a legal point of view, the above problem is precisely a normal phenomenon in legislation, which jurisdictions call discretionary power. Discretion means that the state administrative organs have the choice of disposal power within the principle and scope stipulated by laws and regulations. It is an administrative organ and its staff in the administrative law enforcement activities objectively exist, by the laws, regulations and powers conferred. In archives administrative law enforcement, the archives administrative departments at all levels and the relevant administrative organs shall, within the principle and scope stipulated in the “Archives Law” and its “Measures for Implementation”, violate the “Archives Law” and its “Measures for Implementation” Or when dealing with incidents, there is also a certain choice of this kind of power