The Reserch On The Notary Value And The Protectiaon Of Notary System

As an imporant part of modern judiciary, notarization is an universally accepted way of certification. Based on the representation of country and subjudiciary, notarization has been generally acknowledged by the international world. Its innate functional value is playing an unique role in Chinese legal system construction. Based on the emergence, development and value representions of notarization in different countries, this paper expounds that notary system is indispensible in every country's judiciary, however, its functional value takes on great differences. Therefore, the function that notarization fulfils lies in whether it is valued and protected by a country's legislation, whether it is supported by a range of completing systems. Meanwhile, based on the illustration of the demands for notarization system and the deficiencies of the existing notarization system, the paper puts forward some orginal suggestions. In addition to introduction and conclusion, the main body of the paper is composed of three parts. Part I analyzes the value of notarization. First, based on the origin of notarization, it demonstrates that the emergence of notarization resulted from the fact that the two most essential functional values—certification and service agree with the necessity of commodity economy. Second, analyzed from the development of notarization, it shows that because the rulers value and exploiter it, notarization can extend its value to the every aspect of social life,thus exibiting its double value in management and service. Third, by comparing the two types of notarization system in the world, it analyzes their different value, thus demonstrating that different legislation orientation determines different value that notarization represents in Sociallife.Foutrh,the four functions—service,negotiaton, certification and supervision that Chinese notarization reform gives make notarization play an enormous and unique role in socialist market economy. Part 2 introduces the restrictions of the existing notarization system mode on the realization of notarization. Based on the emergence and decelopment of notarization, it illustrates that the selection of mode lacks innate power, thus blocking the realization of notarization value in the new situation in market economy. Part three bases on the protection of notarization legislation, raising some key points in the construction of notarization,thus laying solid foundation for giving the full play to notarization value. First, clarifing the nature of notary institution, which values the unique position and special function of notarization. Second, adding legal items to notarization.Third, enforcing the legal validity of notarial certificate. Fourth, raising the notary's qualities. Fifth, rigorously enforcing notary procedures. Sixth, building duty fulfilment protection system. Seventh, perfecting the notary indemnity system.The above parts, combined with the analysis of the existing legislation situation, demonstrate the factors of deficiencies and restrictions existed in the Chinese legislation. Meanwhile, some legislation conditions in the countries whose notarization system is well-developed are introduced, thus by comparison making some proposals for reference and comsummation. In this paper, some controversial and profound thinking issues are given special attention to expound the author's original points of view.