The Theory On Liability Of Notary System

The notary system is a legal regime of our country which is introduced from the West. From the experience of civil law country, the notarization system plays an important role at the prevention of dispute and the stabilizing the social and economic order. In our country, with society's progress, the economic development and the enhancement of people's law consciousness, the notarization is becoming important day by day in the social life. But more and more lawsuits are commenced for the notary's improper behavior which brings damages to the related parties. The notarization legal liability becomes the question which we must face in the notarization practice. This article is divided four parts, which focus on our country notarization legal liability system.The first part is a generalization of the notarization system and the notarization legal liability.It mainly introduces the concepts of notarization and the notarization legal liability, reviews the notarization system development history, and compares the notarization system legal liability of two law system. It then draws out our country notarization legal liability system and points out the insufficiency of notarization legal liability system in our country, and analyzes the necessity, the significance to establish the notarization legal liability in our country.The third part is about the criminal liability of notarization. It analyzes the concept of criminal liability of notarization, compares the related provisions of criminal liability of notarization in "Notarization Law" and "Criminal law". Finally it analyzes the name of crime of notarization and gives some suggestions to fill the blank in the criminal execution of notarization.The fourth part introduces the administrative liability and the professional liability of notarization. It mainly introduces the concepts of administrative liability and professional liability of notarization. Then it discusses the relationship between the supervision of judicial administrative department and the independent exercises of the power At last it analyzes the significance of the establishment of professional liability of notarization and puts forward author's proposal to the professional liability of notarization.