Notary Theory Of Value

This dissertation is on the value of the notarization. In the actual state about the studies on the notarization, scholars numerously empress on the practical applies of the notarization, and they universally ignore its basal theory. Different from the studies above, this dissertationfocuses on category of the legal basic theory------legal value and tries toconstitute the scientific system on the notarization value theory. This study can help us understand the significance of notarization from the essence, and through the analyzing on the content and realization of the value goals of the notarization; we can learn the basic cause of the unfair action occurred the notarization process. At the same time, this study can indicate the consummate direction of notarization and avoid the contradictions among the separate studies.This dissertation is comprised of the three parts besides the introduction. There are more than 40000 words in this dissertation.The first part is on the definition of the basic concept on the value of notarization. This part discusses the definitions of the value of notarization and the value evaluation. First of all, this part starts with some basic concepts such as value and legal value in order to emphasize on the fontal meaning of study in the valuable theory. Subsequently, this part educes the definition of the value of the notarization. It is the significance that objects of the value of the notarization acts on the subjects of it, including the satisfaction of demands of subjects from the notarization and desires of subjects to notarization based on the practice. At last, this part deals with the definition of the value evaluation of notarization. It is the evaluation and judgment of subjects to the notarization. It is impacted by the factor as follows: social economical structure, different demands and benefits, actual function of the notarization system.The second part is on the value goal of notarization. This part is the important part in this dissertation because the establishing of the value goal of notarization is of important significance in the academic and practical ways. This dissertation emphasizes the basic value goalincluding justice and efficiency and the important practical and socialvalue goal------credit. Firstly, this part discusses the justice value. Fromthe dualistic meaning of the justice, the author demonstrates that notarization justice should comprise substantial justice and procedural justice. After analyzing the two different model of notarization censor, this article draws a conclusion that the model of Chinese notarization censor should follow the lead of latinic-notarization. Secondly, this part discusses the efficiency value. The author analyzes the efficiency value of notarization from the macroscopical and microscopical aspect. The frontal one includes: notarization can supervise the economical development overall and prevent the dispute. The latter one includes: notarization can improve the efficiency of the bargaining course, save the judicial cost as the legal evidence and assist enforce as a writ of enforce. At last, this dissertation deals with the credit value of notarization. Notarization power is the public power that runs in accordance with market economical rules, so notarization is of important significant to the constitution of credit. Its function is as follows: adjusting the "asymmetrical information", consummating the information system and establishing the rational credit model.The third part is on the realization of value of Chinese notarization. This part is the purpose of the study of the valuable theory that can indicate the consummate direction of notarization and avoid the contradictions among the separate studies. The author discusses the realization of the values of Chinese notarization from the conflict of different value goals and value evaluations and the commsummating of the notarization system. This dissertation makes the following conclusion: the conflict of different value goals can be solved by the principle of "balance and improving the benefit"; the confliction of the different value evaluations can be solved by finding and avoiding the substantial causes of them. At the same time, this part deals with that Chinese notarization should be improved on in some ways chiefly including establishing the character of agency organization and the legal notarization.