On Reforming Of Notary System In China

The notary system is a part of legal system, but in the legal systemreform, compared to trailing and prosecuting, it is often neglected. Thisarticle focuses on the subjects of the concept and the nature of notarization,the concept of notary, the nature of notary department, the notary system thatis compatible to Chinese society and the reform of notarization. It analyses the defects of our notary system, which are not suitable forour present society by studying the present notary status of our country, andre-define the definition of notary and the nature of notary by comparing withforeign notary system. Based on this, we put forward the basic concept ofreforming the notary system and try to establish a new notary system that isadapted to the socialism market economic system. Besides the preface and conclusion, it is three chapters in this article. The first part is "preface", by review the history of Chinese notarysystem, it point out its inherent defects---lack legislation and no juristicsupport. The present system and concept of notarization can't satisfy therequirements of the social economic life in China. So it raises the issues thatthis article wants to discuss: the definition of notarization, integrant ofnotarization, nature of notarization and notary department. The general theory of notarization. This chapter analyses the concept ofnotarization. It analyses and generalizes the word notarization from thewestern language origin to Chinese meaning as well as the definition in thecode, and point out that the existing definition of notary can't meet the socialrequirements, and our country's notary practice has surpassed range of legalnotary. Notarization is not only the simple identification, but also an activity,which requires us to define the notary from both static and dynamic states.The notarization is the activity of indirect administrative managementgovernment justifying, which is carried out by the administration and thedepartment authorized from it. This article thinks that the academia constructthe indigents of notary ---reality, legitimacy, efficiency, is an issue .Wereconstruct it from free will, reality and not irregularity, and believe it is 40reasonable and fit for social development. This article analyses the integrantsof notarization and believe notarization has double attribute in the marketeconomy. Notary, notary organization. Based on analysis of the definition, status,authority, and duty of notary, the author point out that the common attributeof notary is they are all government service officers and that should refer toother country's notary system to establish appointment system of notary.Regarding notary organization, starting with the nature and characteristic ofnotary, this article point out that notary organization is the special state organof judicial identification who bears double function, and that we shouldchange the existing irrational distribution, abolish of level restriction and setup new distribution by jurisdiction. The improvement of notary legislation. This chapter introduces thepresent situation of notary legislation and points out that the existing rulesand regulations cannot meet the needs of civil and economic social life.Furthermore the notarization practice already breaks the restriction of law.Therefore, it is necessary to issue notary laws, which can definitude, the mostfundamental proceedings such as the concept, character, status and principlesof notarization. And then, we definitude the value orientation of our notarizationlegislation. In such a contradiction between the civil society and the politicalstates, expansion of citizen's autonomous right predicates that the governmentforces would be weakened, whereas, the weakness of government forceswould endow citizens with autonomous right in a broader scope. With acurrent of the managing concept of small government and large societ...