Research On Statutory Notary System In Real Right Change

Notary system has nearly a hundred years of history from Democratic Republic of the period when it is introduced into China from Western Countries. After a rough development, China's notary system has a continuous improvement, and it is playing an increasingly important role in all aspects of social life. What's more, "The People's Republic of China Notary Law" which was issued in June 2005 further improves the notary system, and makes the notary system entered into a new development period which is more standardized and institutionalized. However, as a quasi-judicial system which is committed to maintaining social order, social equality and justice, notary system's function is not fully played in China, because its scope is relatively narrow. Especially in the changes of real property ownership which is most important in the area of legal relations, notary is basically just an optional way in adjusting some individual legal relations. What is the role of notary system in real right change? How to give full play to promote fair trade of real rights, improve the efficiency of real right changes? This article makes an in-depth study on the normative of the value of notary system and its function in real right change, gives a practical analysis of statutory notary system in the changes of real property ownership in China now, as well as giving some advices to consummate the statutory notary system in this area of our country, all of which are based on the reference to legislation and some relevant research in the countries and regions that have more developed notarization, and combined with jurists'views and academic achievement in China.Chapter one is"notary system overview"which is divided in two parts. The first part introduces the meaning, nature and history of the notary; the second part makes a brief introduction about the meaning and effectiveness of statutory notary system, analyzes the necessity of establishing statutory notary system and the choice of legislative mode and scope of statutory notary.Chapter two is"the theoretical basis and the value of establishing statutory notary system in real right change". It is divided in two parts, the first part analyzes the theoretical basis of establishing statutory notary system in real right change——Right Change Theory. The second part studies the value establishing statutory notary system in real right change.Chapter three is"comparative analysis of statutory notary system in Taiwan and foreign countries". First of all, this chapter emphasizes on Germany, France and Switzerland, their notary systems in real right change are more perfect. Then it gives a brief introduction about relevant legislative conditions in other civil law countries, Taiwan of China and Common law countries. At last, it makes a comparative study of statutory notary system in Taiwan and foreign countries.Chapter four is"the establishments of statutory notary system in real right change"which is divided in three parts, the first two parts analyze the necessity and feasibility of establishing statutory notary system in real right change in our country. The third part illustrates construction of establishing statutory notary system in real right change which forces on notary system's interventional modes, the scope, effect, review method of preposition of notary, notary's fee system, notary public training system, notary compensation system.