A Study On The Improvement Of China's Notary System Under Market Economy

Notary is a non-litigation procedural legal system, which has been set up in almost every modern country in order to meet the need of the development of social economy. As a preventive judicial system, notary is an indispensable part in China's judicial structure. However, as China's market economy is developing in depth, the national notary administrative system with the leadship of judicial and administrative bodies under the structure of planned economy is in conflict with the reality. The political restructuring, which is compatible with the economic restructuring, has provided a wider space for the issue of orientation of the notary bodies. Recent years, the voice of reforming the notary system is rising. On the one hand, it is a positive trend. China carries out the system of national notary for a long time, in which the notary office seems to have difference from the judicial administrative organs in the filed of legal position, but in reality, whether on the personnel management or on the financial support, the notary office does not distinguish itself as independent. The notary office, when under the management of judicial administrative bodies, its notary public could not make the most of their power in social economic life. On the other hand, what we should concern is that China's national condition is an inevitable reality we should face with both in the political reform and in the economic reform. Therefore, making use of the so-called advanced experience and systems from other countries invariably is not a wise choice. The historical traditions, the level of economic development, the cultural background, and the law awareness of the masses are all what we should concern in the reform of China's notary management reform, which should be compatible with China's national condition.This dissertation starts with the origin of the notary system and explains in detail the Latin notary system that stemmed from ancient Rome and developed in France. Meantime, this dissertation discusses the development of China's ancient notary system, which has been greatly influenced by the "Yin Qi" system in the Song Dynasty and "Song Shu Pu", an embryonic form of China's ancient notary organization. This dissertation centers on the problems existing in China's present notary system. Through analysis and comparison, The author tries to present her own point of view on improving the reform of notary system. After the comparison of China's notary organization management mode and that of developed countries, the author holds that the notary power is neither administrative power nor judicial power, but testimonial power that bears the characteristics of social public power. The notary organizations ought to be the subject that could independently undertake the civil liability, therefore, the administrative reconsideration and administrative lawsuit procedure should no longer apply in the blame of notary organizations' mistaken behavior, but civil lawsuit procedure instead. When regarded as a market intermediary organization that bears the function of testimony, service, communication and guidance after its reform, the author holds that it is correct to define the notary organization as specific national testimonial organization that bears the function of fulfilling the national public responsibility and providing the public with legal service. At present, the urgent problem we should solve is the independence of notary bodies and its system reform. In this dissertation, the author presents her conception to improve China's notary system from three aspects, first is to promote the reform of China's notary organizations, second is to gradually entrust to notary public independent legal status, and third is notary compensation.