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Notarization-Preventive Legal System Of Certification

Posted on:2008-02-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:H M SunFull Text:PDF
GTID:1116360242959693Subject:Legal theory
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Notarization, as a preventive legal system of certification, is one of the important components of China's judicial system. It has an irreplaceable status and role because of its nature of neutrality, non-profit, non-litigation, its convenient and economical service and its universal effect in different area. This dissertation targets at notarization system, emphatically does a thorough analysis and discussion about its particular advantages of system and core value—the function of prevention of disputes, has an analysis of the hindrance to fulfilling the value of notarization system and its deeper reasons and further puts forward a scheme to construct China's notarization system with public trust.The dissertation is composed of five chapters.Chapter One makes clear the purpose and theme of the dissertation and has an overall explanation about notarization. First of all, it expounds the connotation of notarization and expresses the writer's unique viewpoint which is different from the general one: first, Certification·Non-litigation---Core Elements of Notarization, highlighting the most typical feature of notarization. Secondly, Notary Organization·Litigant---dual perspective of notarization, clarifies two-way perspective for studying the relevant issues about notarization, not only mere notarization standard. Thirdly, Civil legal Relation·Other legal Relations---the Objectives of Notarization, clarifying the objectives of notarization are not confined to civil legal relation. Fourthly, Entity·Procedure---Legislative Authority of Notarization, refuting the viewpoint that notarization is only procedural legal system. Next, the dissertation expounds the nature of notarization: non-government, non-profit ; and features of notarization: exclusiveness, neutrality, non-litigation and so on.Chapter Two adopts the approach of historical analysis and comparison to do an analysis and discussion about the historical evolution of Chinese and foreign notarization systems and its enlightenment. First, it introduces the historical evolution of Chinese and foreign notarization systems, further clarifies the notarization system in the countries of continental legal system is orientated as an important certification system of preventive law and history, and it has been proved that it has incomparable advantages. Secondly, it introduces the historical evolution of China's notarization system, laying the historical foundation for the next part of the dissertation.Chapter Three discusses about the value of notarization in detail. First, the Direct Function of Notarization---Certification (offering public appraisal with public summons). Secondly, Prevention of Disputes---Core Value of Notarization, particularly, pointing out"prevention of disputes"as a design idea of China's notarization system, which can meet the requirements of the development of the market economy construction and the socialization of administrative power, meet the needs of traditions of China's history and culture and building-up of the present harmonious culture and meet the requirements of the construction of judicial system of prevention and administration and the objective development law of notarization system itself. In order to further clarify the unique prevention function of notarization, the writer does a concrete discussion from multiple perspectives by economic analysis, comparative analysis and empirical analysis, such as the perspective of one's own nature, the litigant perspective, the competition perspective, ADR perspective, globalization perspective and so on. Thirdly, it adopts theoretical analysis and case analysis together, pointing out the correspondence between notarization and harmonious society on order, justice, profit, freedom and so on and notarization work is the content of harmonious socialist society and the power to construct harmonious socialist society.Chapter Four adopts economic analysis, comparative analysis and empirical analysis to discuss about the hindrance to fulfilling the value of notarization system and its deeper reasons. The hindrance mainly includes the delay and neglect of legislation; the lash from administrative power; the repelling against notarization from judicial system; the deficiency of social identification and social credibility and the drawbacks of notarization industry itself. On the basis it analyzes the deeper reasons why the above-mentioned hindrance formed: the localization of notarization must be a long and complicated process, the safeguarding of the vested interest of advantageous stratum, the influence of new economy liberalism, the deficient supply of notarization law and so on.Chapter Five adopts theoretical analysis and case analysis, putting forward the idea of constructing China's notarization system with public trust and discusses about the way to make it come true. First, it explains public trust of notarization, pointing out public trust of notarization is the soul and life of notarization system and is the foundation stone to maintain notarization cause to develop soundly. Secondly, it clarifies that notarization can develop only under the notarization culture. The connotation of notarization culture mainly contains moral culture, specialty culture, image culture and quality culture of notarization. In practice the notarization culture should be concretized into notary's quality awareness, service awareness, group awareness, creative awareness, risk awareness and notary's idea of rule by law, profit idea and prospective idea. Finally, it analyzes the system guarantee of public trust of notarization and basic essence contained in constructing notarization system by the relevant theories or perspectives of psychology, philosophy, management science and sociology, and all of these should be the content which be contained in the notarization culture. On the basis it discusses about the content which should be contained in the construction of relevant systems of China's notarization.
Keywords/Search Tags:notarization, value, certification, prevention, notarization culture, relevant system
PDF Full Text Request
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