Notarization Of Evidence Preservation

Notarization of evidence preservation is an important function of notarizationinstitutions, it plays a very important role in civil litigation and arbitration sectors.Thereform of the civil trial mode highlights the party’s burden of proof. As a bargainingchip, the evidence must be the focus of each case. However, due to the impact ofvarious characteristics of its own, as well as real-life facts, making it difficult toobtain evidence, even facing the risk of distortion and loss. The process of applying tothe court evidence preservation is more complicated in practice. It can not meet thedemand for preservation of evidence. In this case, the virtues of evidence preservationby notary make itself standing firm in the area of evidence preservation. Theapplication of notarization of evidence preservation is more convenient, rapid, andespecially, it has the legal effect of evidence.Besides the preface and conclusion, this thesis is divided into four chapters. Thefirst chapter mainly elaborated on the concept and connotation of notarization ofevidence preservation from the following aspects:litigation efficiency, proceduraljustice, substantive justice and dispute resolution. In the new changes of the CivilProcedure Law, the court evidence preservation before litigation is extended to theprocess of litigation. This brings the new pattern in the area of evidence preservation:the court evidence preservation and notarization of evidence preservation areside-by-side. In the second chapter, the author combines the new changes of the civilprocedure law to make a comparison of the differences between court evidencepreservation and notarization of evidence preservation, highlights the aspects of time nodes, starting mode, preservation method and preservation effect, and analyses theadvantages and disadvantages of each. In the third chapter, the author selects two newtypes of preservation from the perspective of object: electronic data and shoppingprocess, trying to expound the development trend of the evidence preservationnotarization and generalizes the problems, mainly includes the effectiveness of thetrap forensic evidence, the effectiveness of cross-district forensic evidence, interestedapplicant scope,as well as the basic principles of notarization. In the fourth chapter,the general solution is put forward from the macro to solve the issues raised in thethird chapter, and then in the fourth section some specific measures are proposed, inorder to put forward some feasible suggestions for the development of the notarizationof evidence preservation.The rapid development of electronic information technology, not only broughthuge impact to people’s daily life, but also brought new vigor and vitality to evidencepreservation notarization system. As the step of optimizing traditional area ofevidence preservation in notary is still going on, the new kinds of evidencepreservation, such as electronic data security, network tort evidence preservation,preservation of shopping process, are booming. Notarization evidence preservation iswidely used in litigation and arbitration, not only effectively enhances the notarysystem in the position in the whole legal system, but also promotes the effectivecommunication between the notary system and litigation system. With the constantimprovement of notarization institution, the system of notarization of evidencepreservation could play a better role to prevent disputes and reduce litigation.