A Study Of The Notarial Certification

The notary system is a legal system that the notary organization certifies the authentication and legalization of the legal act, fact and document by law, it is also a regulation that the notary organization must observe. Notarial certification plays a key role in the notary system. In some way, we may say that the notary system is the system of notarial certification. At present, the notarial certification in our country has got to all fields in everyday life and is playing an important part to the social exchanges. It has contributed greatly to the credit construction and embodied the objective of socialist harmonious society. But in the legal system reform, compared to trailing and prosecuting, the notary system is often neglected, not to mention the study to notarial certification. The notarial certification owns a great value to notary activities, so it is worth to study.This article is talking about notarial certification. Besides the preface and conclusion, it has four parts. The first part introduces the origin and development about notary of the two legal systems and our country. We can find the differences of the notary system between two legal systems through simple contrast, and we also can get the development tendency of notary system in our country. The second and third parts are important parts of this article. The second part amplifies the conception of notarial certification and some conceptions connected with notarial certification. For example, the main body of proof in notary, the object of proof in notary, certifies something to oneself and to others in notary activities. On the one hand, they lay the solid foundation of legal theory to this article; on the other hand, the author talks about her understandings to notarial certification and extended meaning of it. The author finds that the notarial certification not only plays a role as certifying, but also has a function of confirmation like judicial authority in special circumstance. The third part is the core of this article. By comparing with the burden of proof and the standard of proof in litigious certification, the author talks about the burden of proof and the standard of proof in notarial certification through the introduction to the conceptions of the burden of proof and the standard of proof in Evidence Law. Then the author believes that there exists the burden of producing evidence and the burden of persuasion does not exist. The author also believes that the standard of proof in notarial certification is different from it in litigious certification, it is various according to different objects of proof. The last part of this article first introduces three legal effects of notary by comparing with the effects of Authentication and Testimony by lawyers. Then it elaborates the basal legal effect of notary---the effect of evidence. This is also the connection point of notarial certification and litigious certification. At last, the author proposes some pieces of advice to improve the effect of evidence in notarial certification and wants further study with readers.