Discussion On Legislation Improvement Of Notarization System Of China

In recent years, the call for "exercising the rule of law and building a country governed according to law" increases, and the work gets more and more advances. The reform of the judicial system, procuratorial system, lawyer system and public security system has attracted more attention. Meanwhile, the reform of notary system with it's less and slow advance is still unsatisfactory and even sometimes stuck by obstruction. It is due to the fact not only traditionally in our country the consciousness that prevention is more important and costs less than treatment is too adequate that the policy-making organ has not paid enough attention to it, but also the theoretical research of the notary system reform is not deep enough for building a systematical and complete ideological system.The notarization system in our country lags far behind the developed countries, in which the notarization system has witnessed the social development, and has touched deeply every field of social life, and played an important role in prevention of dispute, decrease of lawsuit and enforcement of social credibility. But in our country, the notarization system developed only for decades, and the content is mostly from abroad and needs to be adapted in practice to the situation in China. In recent years, the Judicial Department has been trying to carry out a complete reform of the notarization system, but it is very difficult. Due to the different and complex situation in each area, there exist many kinds of notarization systems which develop at different levels and results in the inconsistence of standards and procedures. In March 2006, the Notarization Law of the People's Republic of China is put in force, which can be considered to be the symbol of the start of standardization and legalization of the notarization system in China. However, we should be clearly conscious of the background of this law that lawsuit of a BMW car in Xi' an and other many notarization cases which make bad social effect. In a way, this law is executed so hastily that it has some defects in content and form. In China, the reform and improvement of notarization system and the expansion of the notarization must be practiced so as to realize the balance of economic and social development.Besides the foreword, there are four parts of this thesis. The first part introduces the notarization system, including the basic definition, notary institutions and the definition of the nature of the notarization action. The second part explains the mode of notary in the foreign countries and analyzes problems and defects of the notarization system and elucidates the inspiration from the mode of notarization system in foreign countries. The third part elaborates the history of the notarization system and analyzes problems and defects of the notarization system in China. The fourth part reclaims the policies and ways of further improvement of Notarization Law and emphasizes the legislation of notary public law, notarization professionalization in order to ensure the quality of notarization and modification of notarization administration. In general, the claim of improvement of notarization legislation and notarization professionalization both aim to realize the development of notarization, to protect the public property and citizens' right and benefit of identification and property.