A Study On The Reform Model Of Notarization In China From The Perspective Of Administrative Law

Notary public office, as the non-litigation authority, is an important legal section to ensure the trade freedom, security and justice, and to prevent disputes in China, also it is the important part of China’s socialist legal system. With the rapid development of China’s economic, the reform of the notary office has not been suited to the needs, and the notary office development has also been a great deal of problems and challenges. The reform and improvement of the notary office is an inevitable measures to adapt for the economic development and building a harmonious society. Although the Notary Law promulgated and implemented, the reform of the notary office has not broken through the barriers. The nature of notary rights and notary office is the biggest problem for the reform, and it is related to the entire notary organ’s role and the healthy development of the notary career.After more than 2000 years’development, notary system that originated from the civil legal system of the ancient Rome at first, has become an important legal system of modem countries. Now the notary system throughout the world can be classified into two groups:notary system in civil law-system and that in case law system. The former is represented by France, German and Japan, while the latter is by the United States and Britain. Notary system in continent law system nations usually lays emphasis on substantial notarization. whose legal notary system is fairly sound. In these countries, the notarization has the force of law and they believe in notary selfish departmentlism. By contrast, based on voluntary notary, notary system of common law countries is mainly narrowed to formal examination. The notarization has not the force of law and notary can be a spare-time working staff.From the law tradition, notary system in China is closer to that in the civil law system countries. So when establishing and perfecting the notary system, we should draw lessons from the civil law system countries. In 2003, the China Notaries Association join in the International Union of Latin Notarization. and that promotes our country’s notary office moving closer to the civil law system country’s mode. This article, through studying the related theory of notary office reform, illustrates the definition of the nature of notarial rights and notary office, the development course and existing problems after implementation of our country’s notary law. and studies on the notary office mode in France, Germany and Japan, analysis, and analysis our country current feasible notary organ reform mode.And the definition of the notary public office’s nature in Germany. France. Japan and other civil law system countries, as a reference, the thesis studies on the innovation in nature, reform and development of future mode, in order to further improve and theoretically rich the notary public reform mode. On the analysis of the existing notary reform mode, proposed the creation of a new notary public office, and preliminary proposals in four areas such as the nature, scope of business, internal management mechanism, new employment mechanism, in order to give the basis for others to study further.