The Research On The Evidence Effect Of Notarized Documents

According to the notarized theory of maturity and the nature of notarized instruments,notarization and testimony can not be reduced to one another,not to unambiguously deny the evidence as evidence of this method of evidence.According to the notarized system of notarization,the two different proof behaviors-notarization and authentication,which are differentiated by the notarized classic binary distinction,should be used to examine the evidence effect of the notarized documents made by different proofs.Based on the analysis of the relevant laws and regulations and notarization,it can be seen that the notarial examination in the notarial procedure is essentially a formal examination.The lack of practical experience elements can not provide the basis for the substantive evidence of the notarized documents.However,in practice,notarials tend to have a substantive review of certain notarized matters based on notarization legal services and the need to control the risk of notarization errors.The chaos in the practice of the status quo,urgent study and its regular.Civil law and Germany and other countries and Taiwan,China's relevant legislation and theory,the notarized documents and general documents written in the same treatment,rather than directly give their special substantive evidence even as a matter of fact.Systematically determine the substantive and formal nature of the degree of notarization of the notarized behavior,to identify the prevailing notarization methods of different notarized matters in practice,to determine whether they belong to the dual form of notarization or certification,analysis of the validity of evidence of notarized documents,Finally,the article put forward "to improve the status of notarial institutions to enhance the credibility of notarized documents","improve the notarization of the document review system,standard review relief procedures","coordination" notarization law"and" notarized procedural rules "conflict,"Clearly defined the scope of statutory notarization matters,to enhance the irreplaceability of notarized documents","the provisions of the notarization of the absolute proof of evidence,clear" except"matters","to give notarized institutions sufficient investigative power to improve the correct rate of notarized documents" Six Paths to Improve the Evidence Effect of China 's Notarized Documents.