Jurisprudence Thinking On Some Issuer Of The Notarial System In China

A Jurisprudence Thinking on some Issuer of the Notarial System in China analyzes the concept, character, procedures and relief rule of the notary system from the angle of legal philosophy. It is composed of the following four parts:â… . Research through semantic parsing on the concept of notarization. The writer etymologically analyzes the word notarization, through which, he generalizes the connotation and extension of the word, and proposes that notarization and authentication co-exist as two parallel modes of certification. On that basis, the writer explains in particular the definition of the connotative and extensive concept of notarization in our country and generalizes the meaning of notarization from the four aspects of core element, system standard, certification objects and legal significance of notarization. However, the notarization law in China is established on a basis that inappropriately broadens the extension of the notarization concept. As a result, the notarization law combines authentication into notarization; conflicts in practice thus occur.Notarization and authentication are two modes of certification both adopted by the notary agency, but there exist a good many differences in terms of the certification agencies, certification objects, certification goals and procedures, and its implementary proceedings. Notarization is a dynamic certification process, while authentication is a static one, so they should not be confused as one and the same no matter in concept or in practice.Yet the current Notarization Law being practiced in China does not differentiate notarization and authentication as other nations that follow the Latin notary system do. As authentication is combined into notarization, unclear and confusing definitions occur in the certification mode that is being currently adopted; and there is the variance between the certification object in practice and the prescribed business scope of notarization in the Notarization Law. Therefore, differences in the aspects of certificatin modes and examination responsibilities of notarization and authentication ultimately lead to invariance in the pleading standards of notarial deed. Conflicts caused by...