On The Effectiveness Of Public Notarization

Public notarization has been gradually evolved from private notarization. By notarial theory and practice,both domestic and abroad,notarization system makes an important part of the national judicial system and notarial organization executes the national right of notarization,representing the country to do so. Notarial organization certifies the authentication and legalization of the legal act,fact and document. Effectiveness of notarization is deemed to be the legal binding force of notarized documents. As a national system of judicial certification and associate judicial act,the legal status and effectiveness of notarization has been established by the current Civil Procedure Law and Interim Notarization Regulation. Pursuant to law,notarial deed has the effectiveness of evidence,essentials for legal act and enforcement,and is the basis of judicial order,except only for that "the contrary evidence is to reverse the notarial certificate". Since the renaissance from 1980's,Notarization Regulation of the People's Republic of China has been on effect for 20 years,but the Notarization Law has been delayed to appear,which is not suitable for the situation and hampering the growth of notarization. From emphasizing on notarization effectiveness,by uniting theory with practice and comparison to home and abroad,the present paper analyzes and discusses the effectiveness of notarization,puts forward some views for the reference of law-makers. Effectiveness of notarization is very important to develop the notarial career. The effectiveness of notarization should be established by the current Civil Procedure Law and Notarization Law.