A Study On The Legal System Of Notary Compensation

Notary System is an internationally-accepted preventive legal system. As an important component of notary system, notary compensation system standardizing the legal practice of notarization is imperative in guaranteeing the quality of notarization, enhancing the public trust in notarization, and protecting the rights and interests of party and interest-related parties. With China Notaries' Association's accession to the International Union of Latin Notaries and the official implementation of Notary Law of the People's Republic of China, notary compensation was for the first time included in notary field in legal form. Notary compensation refers to the civil legal responsibilities notary agencies and its notary personnel should take for the damage to the party and interest-related party due to their fault. Notary Law of the People's Republic of China offers only in principle a framework for notary compensation. Therefore it has become a problem to be solved both theoretically and practically to accelerate the pace of China's notary system reform and complete the notary relief mechanism with Chinese characteristics to establish a notary compensation system meeting the demands of market economy.The legal character of our country's notarizing compensation has undergone a process from government compensation to civil compensation. The indemnity liability of notary profession fault should be professional liability, and the principle for the liability system is the presumption of fault. From the characteristic of notarization, the formation of notarizing compensation consist of: the competency of body, notary's fault, damage resulted from notarization behavior's illegality, causality between behavior and damage. The principle of notarizing compensation should be rational but not complete compensation principle.The corresponding liability of notary office and notary must be clear in notarizing practice at first, executive subject bear civil compensation and the determination of fault choice objective standard.The key to ensure the liability of notary office and enhance notary's capability on risk prevention is to perfect compensation fund for notarizing, at the same time to build and perfect the non-judicial procedure of notarizing compensation and choice notarizing compensation for the situation of our Country.