Researches On Conservation Of Evidence By Notarization

The conservation of evidence is an important function accomplished by modern notary system and an important business of notary organization. It is backward in its theory study and legislation. The paper expounds its concept, characters, objects, content, jurisdiction, validity safeguard and specific application.The conservation of evidence by notarization is an activity that national notary organization supervises collections or collects, regularizes, takes care of legal evidence and gives notarial deeds in accordance with law according to the application of natural person, legal person or other organizations. Its aim is to safeguard capacity of evidence and weight of evidence truthfulness. Its feature is such as exclusive subject, passive execution, statutory procedure, non-compulsory measure, extensive targets, and responsible organizations formal result. Its object is the subject matter of notarial activity, the descriptive summary of objective facts. The content testified by notarization is that of notarial deeds whose core is the origin of relating evidence and the forming process. It is distinguished from the conservation of evidence in litigation. To accept a conservation of evidence by notarization should satisfy the following four conditions: application applied by applicant; evidence conserved by notarization having legal sense; applicant having right to collect theevidence that will be conserved; notary organization having jurisdictional right over the application.The validity of the conservation of evidence by notarization refers to the influence and effect that is produced by the result of the notarization. The validity of notarial deed depends on its truthfulness and public belief. It's weight of public belief is on the basis of it's truthfulness, that is to say that if evidence is true it is undoubted, because its safeguard is from the government. The special validity of notarial deed is from statutory requirement and statutory standard of evidence. The safeguard mechanism of its validity includes safeguard of validity and safeguard of realization of its validity. The role of the conservation of evidence by notarization is to confirm and fix facts through notary organization, to prevent fact dispute and legal issue, to provide evidence safeguard for correct application of law to solve disputes fairly.