【摘要】 档案开放的“过度追责”亟需纠偏、“避责式不作为”亟需矫治、依法尽职履责亟需鼓励，这些均表明档案开放尽职免责制度的构建具有较为迫切的现实需求。理性人假设、激励理论、权责一致原则为档案开放尽职免责制度的构建提供了理论支撑。按照法治化、规范化的要求，应当增设尽职免责条款，设置尽职免责程序，以实现档案开放尽职免责制度的立法建构；运用“排法定责”廓清职责范围，引入“业务判断准则”判定履职程度，以推进档案开放尽职免责制度的有效实施。更多还原

【Abstract】 The“excessive accountability”of file opening needs to be corrected, the“avoidance of responsibility omission”needs to be corrected, and the performance of duties according to law needs to be encouraged, all of which indicate that the construction of the due diligence and exemption system of file opening has an urgent practical need.The rational person hypothesis, incentive theory and the principle of consistency of rights and responsibilities provide theoretical support for the construction of the system of due diligence and exemption of archives opening.According to the requirements of the rule of law and standardization, we should add the exemption clause of due diligence and set up the exemption procedure of due diligence in order to realize the legislative construction of the exemption system of due diligence in the opening of archives; The scope of responsibility is clarified by“setting out and defining responsibilities”,and the degree of performance is determined by“business judgment criteria”,so as to promote the effective application of the system of due diligence and exemption of archives opening.更多还原