Concerning The Legal Relief To Mistake Notarial Deed

On March 1, 2006 first notary law notary law of the People's Republic of China "promulgated), the nature of notary organ radically changed, notary agency issued by the original mistake notarial deed undertake administrative liability for civil liability, to change the law relief by mistake notarial deed through administrative appeal, original administrative reconsideration and administrative litigation to solve the notary organ for through changes proposed to check, check processing decide disaffected to local notary association complaints that is notarial deed dispute content to people court to lodge a complaint to solve. And the current laws because many rules issued late, excessive principle and a lack of rationality, scientific, lead to the parties to errors in legal remedies notarial deed in practice often go impassability, sued, the parties, notarization matters against the lawful rights and interests of the interested parties to get effective safeguard.The legal remedy for error notarial deed of the issues involved, this matter, possibly not only pertinently discusses the definition of legal remedy mistake notarial deed, main channels and significance of legal system and the current drawbacks of mistake notarial deed relief, and the lack of current legal provisions mistake notarial deed proposed legislation improvement suggestion. The article is divided into three parts:The first part of the definition, categories mistake notarial deed and determination standardsAt present in scientific mistake notarial deed no clear concept, the author according to existing laws, regulations and the provisions of the normative documents, summarized the concept of a mistake notarial deed is because the notaries, leading to the intent or negligence notarial matters all or part of the untrue, illegal, or notarial deed testimony, format undeserved notarial deed. Its species including entities have wrong notarial deed, the program has a wrong notarial deed, defective notarial deed three, and generalizes the cognizance of the standard error notarial deed.The second part of the definition of error notarial deed legal remedy, main channels and significanceBased on the concept of legal remedy, sums up the legal remedy mistake notarial deed refers to the conduction notarization notarial agency in the process, because notaries issued the intent or negligence, notarization notarial deed mistake, interested party considers that the infringement or have infringed upon the legal rights, shall request when relevant notary agency, notarization association take measures to check, correct, revoke the notarial deed or to people court to lodge a complaint and demanding compensation, in order to protect the lawful rights and interests of the activity.Wrong with five special legal relief notarial deed certificate: corrective and compensatory, right, sex, ShiHouXing, legitimacy, the dependency.Wrong the main ways of legal remedy notarial deed, characteristics and relationship. Summary of main approaches legal remedy mistake notarial deed a notary agency review by the relief, complaints, relief, litigation relief and notarized practice liability insurance to compensation relief way. And discusses the significance of legal remedy mistake notarial deed.In the third part of the current legal relief system error notarial deed foia, abuse and prescribed improvement SuggestionsThe author current legal relief system error notarial deed foia, abuse and perfect regulation discussed. Through the large number of examples, expounds the relevant existing legal relief system error notarial deed prescribed imperfections and related Suggestions...