A Study Of The Notarial System

The paper entitled "A Study of the Notarial System" makes a thoroughgoing and systematic study of the evolution of notariziation, the notarial structure, the effects of notarial certificates, and the procedures and responsibilities of notarization by proceeding from the nature of notarization and the legal status of notaries. There are eight chaptersaltogether:Chapter 1: The nature of notarization and the legal status of notariesNotarization is a legal mechanism designed to coordinate and prevent of the civil order in the form of certificates. Notaries are state employees. There are strict rules about the obtainment of the quality to be notaries, the state supervision of notarial behavior and the punishment of notaries. On the other hand, notaries are somewhat like professionals.Chapter 2: Historical evolution of notarizationThis part discusses separately the origin and unification of notarization, the development of notarization in Civil Law countries and in those that apply the British-American Las System, and the development of notarization in China.Chapter 3: On the notarial structureThis part is about the notary organizations in some representative countries such as France and Germany, the current notarial system in China, and some representative problems that have arisen in the reform of the Chinese notarial structure.Chapter 4: On the effects of notarial certificatesThe author expounds the effects of notarial certificates as evidence and important legal behavior documents and their forced implementation effects, explains the relations between notarization and "legalization" and between the effects of notarial certificates and"registration" and makes a full analysis of the forced implementation of the certifiedcreditor's rights documents.Chapter 5: On the procedures of notarizationThe procedures of notarization cire non-lawsuit procedures and are of great importance for ensuring that notaries have the facts and for protecting the lawful rights and interests of the parties concerned. After introducing the procedures of notarization in China and foreign countries, the part has an in-depth exploration of the jurisdiction principle of notarization in China, the relations between the independent notarization of notaries and the examination and approval system, the content and format of notarialcertificates, and the valid period for notarial certificates. Chapter 6: On the responsibilities of notarizationIn substantive law, the institutional functions of the responsibilities of notarization are divided into the prevention function, the compensation function and the economic function. In procedural law, there are the functions for promoting the safety of transactions and lawsuit. All countries without exception give priority to improving the system of notarization responsibilities in their efforts to develop their notarial systems in order to promote the image of notarization and social trust. This part expounds some aspects of the establishment of the notarization responsibility system in China.Chapter 7: Notarization and computers and the InternetThe emergence and popularization of computers and the Internet make it possible for people to use new technology such as digital signature and e-commerce in their information processing and way of transactions. This poses a challenge for the traditional notarial industry. In this period of changes, it is an important task for notaries of all countries to learn how to use new technology, respond to new challenges and keep up with social progress. The paper discusses such issues as the application of computers and the Internet in notary offices, the legal status of electronic data, and the possibility for the notary circles to establish a certification center.Chapter 8: On notarial legislationIt has been over half a century since New China established a notarial system, but it does not have a notarial law yet. The author thinks there are the reasons as follows: 1. The study of the notarial system is n...