A Study On Remedies Of Defective Notarized Documents

As an important part of preventive justice,Notarization is an basic elements of Modernization of Justice.Notarized documents are tangible products of notarized proof.In the Civil law. Notarized documents can be used as Legal Act element. In the Civil Procedure Law.Notarized documents can not only be used as evidence of superiority, but also can be used as a kind of Basis of enforcement,Having the function of promoting the procedure and protecting the private right.But to study China’s current substantive law and procedural law,The provisions on relief of the Defective Notarized documents are fuzzy,The construction of relief method is not a system,Coupled with the theory of this topic is been less concerned and disagreement,causing the notary practitioners have lots of difficulties.The notary parties seek relief difficultly.When the defective notarized documents can not be effectively relief, it will affect the effectiveness of the notary public and the rights and interests of the parties to protect, thereby affecting the effect of notarization and the justice of the judiciary.Based on this, this paper attempts to discuss the relief methods of defective notarized documents, reviews the current relief methods and puts forward some concrete suggestions.This thesis consists of six parts: the introduction and the main body of the text.The first chapter of the text is an overview of the remedy methods of the defective notary documents.First of all, the paper makes a sort and analysis of the concept of the relief methods of the defective notary documents, explains the relief of the law.Secondly, it introduces the concept and cognition of the two legal systems on the defects of the notary documents and their remedies.Finally summarizes the characteristics of the defects of the notary documents.The second chapter is the types of defective notary documents.Focus on the classification of formal and substantive flaws,makes a careful analysis of the types of defects of the defective notary documents under the current law, and sorts out and introduces the types of the defects of the foreign countries or regions.The third chapter is the theory of remedy for the defect of the notary public documents.To the general relief method and special relief methods as a starting point, defects of China’s current legal provisions notarized instrument relief method theory are introduced and summarized, and on this basis, in-depth theoretical analysis and problem is proposed.The fourth chapter is about the system of the relief of the notary public documents.This chapter makes a detailed summary of the remedy methods of the public notary system and the defects of the major countries or regions of the mainland Latin notary system, and makes a detailed summary of the concept and mode of relief.The fifth chapter is the review and suggestion of the remedy method of the defective notarization documents in our country.Based on the purpose to solve the problem, this chapter will be on China’s defective notary documents relief method and the extraterritorial system were detailed and review, and different views of the theory of comparative analysis, and puts forward some concrete suggestions.