The Study On Notarial Power In China From The Perspective Jurisprudence

Notarization is the certification with public credit and is recognized by the public and the state. Notarial power is a kind of judicial certification power, i.e. power to examine the authenticity and legitimacy of the legal activities, legal facts and documents with legal implication, and grant the legal certification force and enforcement force thereto. Notarial power is a procedural judicial safeguarding power and preventative judicial safeguarding power as well. It's fundamental function is to exclude something false or illegal, to implement the value of the law, to realize the fairness and justice and to build the honest and creditable society. The secondary function is to instruct, certify, supervise, and communicate the matters to be notarized, to certify its authenticity and legitimacy, and to safeguard the legitimate rights and interests of the client.The complete notarization configuration comprises of the elements of 3 aspects, i.e. notary, matters to be notarized and notarization procedure. Only activity, fact and document relating to the rights and interest of the client could access to the notarization procedure and become the subject matter, on which the notarial power will act. The notary is the owner of the notarial power, and judgment on fact and value is unavoidable challenge for the notary. Notarial procedure, which ensures the justification of the notarization, is the system space for function of the notarization.The notarization force, principally, have the certification force in the perspective of evidence law, enforcement force in perspective of civil procedure law and effectiveness force in perspective of special legal activity.Notarial system is the externalization of the operation mode of notarial power. Tothe worldwide extent, there are 4 major notarial administration systems. The selection of the notarial system mode should not be beyond the fundamental national situation of our country and national psychology, and with the view to the economic base, characteristic of Notarial power and the general arrangement of political reformation and judicial reformation.