On The Improvement Of Notarization Mediation System

Notarial mediation refers to activities conducted by notary organization to mediate disputes on the notarized matter between the notarial parties upon their application. Notarial mediation which derived from the notary system, is a kind of nongovernmental mediation. It embodies such idea as autonomy of will of the parties, people-oriented social consciousness and values of fairness, justice and efficiency. As an intermediary legal service agency, notary organization shall certify the authenticity and legality of a civil juristic act or a fact or document of legal significance. Further more, it has rights and obligations to provide legal help to the parties after notarization. The improvement of notarial mediation system facilitates to maintain the healthy development of economy and society, and in accordance with the requirements of establishing the diversified disputes settlement mechanism and serves as the prerequisite for the development of the notary system. At mean time, the practice of notarial mediation lays a solid foundation for the improvement of the notarial mediation system, thus, the improvement of the notarial mediation system is of great significance. The notarial mediation system is one kind of notarization service which has developed in accordance with the economic and social development. It emerges relatively late in China, but with the development of the notarial cause, it is vigorous.As a new mechanism and method to resolve disputes, the notarial mediation rooted in traditional Chinese culture and the traditional idea of the people, keeps developing through inheriting and carrying forward the quintessence of the mediation system of China since ancient times. Especially since the Reform and the Opening-up, with the restoration and reconstruction of the notary system, it has gained further development and improvement, and plays a more and more important role in settling the increasing number of disputes. While maintaining the social stability, defects and weaknesses of the notarial mediation system are exposed with the legal modernization process and the accelerated process of social transformation. The lack of experience and tradition of the rule of law leads to the blind worship of litigation and the deviation of the mainstream consciousness of the society, namely, regarding litigation as the single correct approach to realize one's rights and litigation rates as the criteria for judging legal modernization and at the same time, belittling the function of notarial mediation and other nongovernmental mediations. The social norms and contents which are applied in notarial mediation have undergone obvious changes. The notarial mediation has begun to be regulated by laws, regulations, policies systematically and the legal consciousness of the public has been tremendously enhanced. So, it is required urgently to improve the notarial mediation system in the legal aspect.As an important way to settle disputes, the notarial mediation should be adjusted in accordance with the social development, so that it can play a greater role in settling disputes. From the perspective of notarial practices, it is only by defining the effectiveness, principle, application and mediation procedures of the notarial system that the healthy development of the notarial mediation system can be achieved. The development process of the notarial mediation system is in fact the process of the continuous strengthening of its effectiveness. In the process of natarial mediation, each specific procedure centers on the obtainment, supervision and realization of the effect of it. Free will, lawfulness and reasonableness, respect for the right of suit of the parties and direct participation of the notary public are the four principles of notarial mediation. Its basic spirit runs through the whole notarial mediation process and regulations and reflects notarial mediation's fundamental idea of rule of law. Generally speaking, the more developed the society is, the more the notarization businesses are, and the larger the scope of it will be. Especially with the enrichment and development of the mode of production and the life style of human beings, the appearance of new fields such as Internet and biotechnology, the application scope of the notarial mediation has been broken through. With the increasing development ot economy and society, and the growth of the social undertaking, the notarial mediation system,which centers on the prevention of disputes and the settlement of conflicts, shall play an increasingly important role and comprehensively push forward the building of democracy and rule of law, and the building of reform and opening-up and the modernization.