Research On The Docking Mechanism Of Notarization And Litigation

Under the background of the reform of the judge’s post system and the judicial reform centered on the trial,the contradictions in the cases of the courts in various parts of the country have not been relieved and the efficiency of the litigation is difficult to guarantee.Notarization system is an important part of China’s socialist legal system,and it is a proof system of preventive justice.The notarization activities can provide the referee basis for the trial and execution of the people’s court and promote the efficient conduct of the trial activities according to law.The notarized legal documents have the force of enforcement and can be the basis for the execution of the people’s court without litigation,reducing the judicial cost and improving the judicial efficiency;the notarization system has service and communication.The functions of proof and supervision are the basic judicial resources for the diversification of social disputes,and can become an important force for the judicial activities of the people’s courts.In recent years,the development of notarization industry is also faced with many difficulties and constraints.On the one hand,notarization lacks the support of the substantive law.On the other hand,some problems have been found in the notary industry,resulting in bad social impact and to a certain extent weakened the public credibility of notarization.In August 2017,the Ministry of Justice issued the "five inaccurate" notifications of notary practice,There are five red lines in notarization practice,and the practice of notaries is more cautious.At the same time,some local people’s courts actively introduced notarization institutions to participate in judicial auxiliary affairs,and achieved good results.The notary agency has an important influence on the judicial auxiliary work and the relevant dispute settlement mechanism because of its advantages of reality,voluntariness and secrecy.It has become an urgent problem to be solved by the notarial offices all over the country how to make the notary business effectively dock with the litigation activities and achieve the effective polymerization of public power.Question.On the one hand,this article attempts to explore the existing judicial resources to solve the court’s "more and less cases".On the other hand,it tries to open a new way for the development of notary industry,endow the notary industry with new vitality,thus achieve the "win-win" situation of the court and notarization,and transfer the social value of the legal service.Under the policy requirements of advocating diversification and the support and guarantee of laws and regulations,how to realize the better docking of notarial activities and litigation activities is an important subject we should study seriously,including a complete set of mechanisms,including the field of docked Public Notarization and litigation activities,the procedure of docking and the method of docking.Careful thinking and design.This article is divided into four parts.The first part expounds the basis of the docking of notarization and litigation,the historical origin of notarization and the court,the advantages of notarization in the settlement of civil disputes,and the positive significance of notarization and litigation,which have laid the foundation for notarization and litigation.The second part studies the field of Public Notarization and litigation.The opinion of the Supreme People’s Court on the further deepening of the reform of the dispute settlement mechanism of the people’s court by the Supreme People’s court in June 29,2016,which was published by the Supreme People’s court,clearly defined the specific requirements of the public notary organizations to participate in the reform of the diversified dispute settlement mechanism and support the notarization and litigation.Docking,this article specifically analyzes the areas of notarization and litigation docking.The third part discusses the problems in the joint of notarization and litigation,one is whether the people’s court should accept the revocation of the notarization or the affirmation of the invalid,and the other is the identification of the notarization fault.The fourth part explores the strategy of establishing the docking mechanism between Notarization and litigation.Notarial institutions should focusing on the professional problems in dispute settlement,we should set up a hierarchical notary service branch to strengthen vocational ability building.In the future,it is hoped that in the near future,notarization can create a prosperous view of the rule of law on the fertile soil of preventing and resolving disputes.