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主要想谈谈存留定稿的意义和保留定稿的范围。为什么要保存定稿,主要基于两个原因: 1.定稿是文件正本的合法性依据,具有为正式文件提供法律保障的价值。 公文是由法定的作者制成和公布的,所谓法定的作者,是指那些依法成立,并能以自己的名义行使权利和负担义务的组织机构,如党政机关、团体、企事业单位等等。但不是这些组织机构中的任何一个人都可以制发公文,都是法定作者。只有这些组织机构中的法人代表或者具有法人代表地位的、能够对该组织机构所行使的职,权和负担的义务负全部责任的人,也就是说,是经过法定机关依法委任、委托或经过依法选举、批准的负责人,才有权签发、公布公文。从这个意义上说,只有经过负责人审阅并明确签发的公文,才是合法的公文,否则是非法的。也正是从这个意义上说,定稿是公文合法性的依据。
I mainly want to talk about the significance of the final version and the scope of the final version. Why save the final version, mainly for two reasons: 1. Finalization is the legitimacy of the original document, with the legal protection of the value of the official documents. Official documents are made and published by statutory authors. The so-called “statutory authors” refer to those organizations that have been established according to law and can exercise their rights and obligations under their own names, such as Party and government organs, organizations, enterprises and institutions, etc. . But not any one of these organizations can produce official documents, are legal authors. Only the legal representative or the person who has the legal person representative status in these organizations can bear full responsibility for the duties, powers and burdens of the organization, that is to say, is legally appointed, commissioned or passed The person in charge who has been elected or approved according to law has the right to issue and publicize the document. In this sense, only official documents that have been reviewed and clearly issued by the person in charge are legal documents, otherwise they are illegal. It is also in this sense that the finalization is the basis for the legality of the document.