On The Fault Of China's Notary Liability Regime Recognized Rules

On March 1,2006, the implementation of the People's Republic of China for the first time in the law of the notarization notarial expressly for legal responsibility about the problem, and the civil litigation as the important method to solve the problem. Certainly, notary agency with independent and equal status to undertake behavior consequences, on the one hand, conform to the requirements of the development of notary industry, on the other hand, it solved the notarization notarial bothering to judicial practice. Yet for just the notarization industry transformation, with only a principle, general rules is far from enough to solve this complex problem. Especially for notary fault, how will the standard of the judge into feasible to rush in the relevant rules and rules of notary is a blind spot. This article attempts from the analysis of a complete system of compensation, the main responsibility, liability, imputation principle, type of fault standards and how to improve the relevant procedure rules do a discussion. With the related rules of procedure notarization to get further improvement.First chapter reviews the compensation system established in notarization and development, involving notarization to indemnify current laws and regulations and local regulations, some of these provisions for the general rules of law and a lack of a discussion.The second chapter basically is to paper fault liability and notarized liability done a classification of discussion. Will notarization fault liability is divided into criminal responsibility, civil liability, and professional responsibilities and administrative responsibilities respectively. This paper is to discuss the notarial civil liability for compensation. Civil liability for compensation for notary types, subject, the classification of liability principle was discussed.The paper discussed the first chapter, from the principle of practice notaries procedural principle, principle and professional attainment requires three aspects are discussed, and discusses the basic duty person and person of the minimum requirement in rush fault. Then the guiding principle of the fault that discussions. Listed on the main fault notarization identified four points, and so on.To avoid notarization paper chapter 4 of the fault system construction, and puts forward some Suggestions such as established notary evidence rules established notary professional guidance system, etc, hope the notarial legal system construction can be better and better.