On Improving China's Notarization System

Notarization is a non-contentious activity, which means that the state notarial department, authorized by the state and according to law, gives testimonial to the authenticity and legality of legal facts and legal documents. Notarization is a system of preventive judicial testimony, which is established to guarantee the exact implement of the laws as well as to stabilize the social order, to prevent disputes and to reduce the amount of lawsuit cases so as to safeguard public properties and to safeguard status and property rights as well as the lawful interests of citizens, legal persons and other institutions. Authenticity and legality are the basic principles of the notarization system. At present, notarization has got to all fields in everyday life and is playing an important role to the social exchanges. It has won a perfect prestige in the world, become a member of our state's legal system and contributed greatly to the credit construction.This paper consists of five parts, whose main task is to explicate the ways and means to perfect the notarization system of our state so as to improve the social creditability.The Preface introduces the origin of the notarization system and its historical development in China.The First Chapter discusses the position it stood and the roles it played in the social creditability. It is hold that lack of credit obstructs the sound growth of the economy. In order to maintain the fairness, justice, equality and efficiency of the market economy,notarization must be applied to reduce the trade cost, to ensure to the trade safety and to regulate the market activities. This is the value of notarization in the market economy. Notarization is that the notarial departments perform the state's power in testimony according to laws, which reflects the state's highest prestige and public authority. Notarization system, as an important credit-guaranteeing regulation, is a main part of the social credit system. It represents the state to intervene moderately in the economic and civil activities so as to make the economic and civil subjects keep honesty, the activities authentic, lawful, fair and just. At the same time, it can avoid or reduce the risk, ensure the safety and provide legal guarantee and truthful evidence to settle disputes. Notarization system plays its roles in service, exchange, notarization and supervision. Explicitly, it ensures the legality of the economic and civil subjects, activities and supply the economic and civil subjects with efficient means to safeguard their lawful rights and interests. In the system of market economy, it may keep the trade safe and improve the efficiency of the trade and relief.The Second Chapter analyzes the theoretical foundation to the reason that notarization stands as the solid force in the social creditability. One, notarization possesses the function to certify the authenticity and legality of the legal facts and documents and prevents illegal acts. Additionally, it represents the state to intervene properly in the private fields and functions as judicial prevention and judicial supervision. Two, the development of the market economy needs a set of judicial regulation with the character of low cost, simple procedure, fast efficiency and full function. The first aim of judicial economy is to lower the cost oflawsuit cases and to reduce the amount of lawsuit cases. Notarization system shares the same orientation of value with judicial economy. So notarization system should be used as an important regulation to instruct the society and to improve the economic growth. Three, notarial testimonials are issued with strict content and formulation on the base of the stipulations by substantive laws and procedural laws. Different from ordinary evidence, it possesses special legal validity and comes to evidence with special effect. The people's court shall take the acts, facts and documents legalized by notarization as the basis for ascertaining facts, unless there is evidence to the contrary sufficient to invalidate the notariz...