| In the practice of notary system in China, it's not uncommon that the notary is punished by the Criminal law of China for the notarial documents issued by who are of their great acts to be false. And in the past criminal justice, they were dealt according to the Article 397 of the Criminal Law of China.However,"the Reply"(on the application of law approved by when the notary documents issued by the notary are incorrect) released by the Supreme People's Procuratorate on January 6, 2009 declared that if the notary public certificates issued by a notary have great false should be of great deemed to have committed the third paragraph of Article 229. And it has completely reversed the previous practice of criminal justice, as such criminal conviction and sentencing provide a new legal basis.This paper argues that in the concrete found course of this crime, there are still some legal issues for us to think about. Firstly, identify the subject of crime, in accordance with "approved", a notary should be recognized as member of National staff, other than the Notary services bearing the social intermediary organizations, personnel; Secondly, the identification of"seriously irresponsibility", "the reply" is not clearly identified, so we should explain the articles in accordance with similar provisions in criminal law and relevant judicial interpretation; Thirdly, the identification of"serious consequences", "the Reply " has not been clear too, so we should take a serious attitude to identify the responsibilities similar to the method of the definition of"seriously irresponsibility".Our notary system is still in the course of rapid development and perfection. In the need of controlling the crime of the arising in this course, we should divide boundaries of the crime and other crimes, and give the crime a reasonable regulation according to the basic principle of the Criminal Law.
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