Research On Some Problems Of Our Country's Notary Legal System

The notary system is one kind of preventive legal system which is set up to safeguard the correct implementation of the law by the state, maintain the normal civil order, reduce the lawsuits, promote social development stably, and protect the legitimate rights of the citizen and corporation .The notary system plays a vital role in the social polities, the economy, the culture as well as people's daily life. The traditional function of notarization mainly has four aspects: proof, service, communication and supervision. The localization of notarization is based on the people's understanding towards the socialistic public ownership and the national public authority, thus having significant influence on determining the reform direction of the notary system. After Notary Law has been promulgated, our country's entire notary-legal framework has had the fundamental change. The notary organization and the procedural law are being intensified, while the related notary item and the potency standard are gradually weakening, specially in the legal notary item. But in our country, the establishment of legal notary system is necessary. On the other hand, now the vagueness of the property the notary institution and the diversification of the notary organization, the coexistence of the three heterogeneity organizations and the three different kind of worker constitute a big characteristic of notary mechanism of our present state. This inevitably causes our state's notary organization to fall into a plight of status in the notary affairs. Moreover, in the process of notarization, the notary litigant and the related people's legitimate right may be violated from the notarization. These violations may be entitative, or may be only in the procedure, which are the content of the notarization relief. Along with the notary system reform, the way of notarization relief has also been remarkably changed. Among them, the most obvious change is substituting the"self-error correction"of the notary institution for the power of reconsidering and abolishing the change which have the administrative oversight and restrict administration taken by the judicial organ, and introduce the form of civil action among them. But the rationality of this mode is always controversial and it also new problems in the practice. Therefore, it is necessary to make it more perfect.