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The Review In The Legal Position Of China Notary Organization

Posted on:2006-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360182972655Subject:Law
Abstract/Summary:PDF Full Text Request
As a sort of non-litigation process, notarization is taken as a general international preventive legal system to certify civil legal activities, legal facts, and authenticity and validity of documents and to authorize witness effectiveness, compulsorily-executed effectiveness for creditor documents and to confirm the effectiveness of being important document for legal activities by legally-authorized body. Notarization is an important legal system to secure freedom, safety and justice for modem countries.The current Chinese public notary service was recreated since 1979.In the past 25 years, it has been promoted energetically and thus has become one important part of the socialist legal system. With the introduction and execution of the socialist market economy mechanism, the existing rules and regulations of the notary service can no longer meet the actual needs. The service system is facing serious challenge and is impeded by fundamental structure flaws. The only way out of the predicament is to seek to meet the stream of times and exploit the potential possibilities with a view to play its unique role in preventing disputes to the full play, and this way acting on behalf of the state for adequate intervention in major civil and commercial activities. For these reasons, the author outlines in this article the legal positioning of the notary service.Apart from Prolog and Conclusion the article is split in three capitals in the logical sequence of nature positioning of the public notary as a profession, personal positioning of the notary organization and the duty positioning of the notaryorganization and notary officials.In the prolog, introduce the background for the topic choice while in the conclusion a result arrived at in this article is summed up.Capital I contain 4 sections with the emphasis on reviewing the nature and the position of the public notary profession. Based on analyzing various notary systems and the historical development of notary profession, focused on the introduction of two fundamental issues which is existing in Chinese current system and facing in its effort to reform the public legal system, with regard to the value orientation, functionality, operation mechanism and the legal effect Then this capital goes into great length on the legal features of the notary profession under the market economic conditions.Capital II contains 4 sections with emphasis on reviewing personal positioning of notary organizations. By giving a survey of different modes of foreign notary systems and by following up the growth history of the present Chinese notary organization, the author provide the proposal to create an uniform form of notary organization- institutional structure under local jurisdiction reasonable distribution of notary service network to achieve independence in implementing notary activities and to ensure equality.Capital III contains 5 sections with emphasis on obligation positioning of notary organizations and notary officials. Exploiting the classic experience of Latin notary system, the author provides in this capital a thorough account of the obligations of the notary organizations and officials with relation to the criminal codes, administrative code and civil code.
Keywords/Search Tags:notary organization, legal positioning, review
PDF Full Text Request
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