Notarized Proof Of Responsibility

Notarial system is one of the preventive judicial systems in China. Notarial Certification Responsibility System is an integral part of notarial system. Correct understanding and proper identification of notarial certification responsibility will do good to the development of notarization service. This article is made up of a preface and four main parts.Part I explains the contents and definition of certification and notarial certification. Notarial certification is one kind of judicial certification. There is both similarity and difference between notarial certification and litigation certification. For notarial certification, the object is recognized by perception and witness, while for litigation certification, the object is recognized by logical reasoning with proofs.Part II discusses the subject and the object of notarial certification. The subject is who will provide certification. The notary public and the client concerned in certain notarization are both subject of responsibility. The object is certain civil activity, and the fact and documentation having legal sense, according to Notarization Law of the People's Republic of China. Different objects means difference responsibility structure of notarial certification and different subjects of responsibility.Part III compares the two different law systems on certification responsibility. Considering the origin and development of notarial system of China, it looks like those of the countries adopting continental law system. The notary public of China has to make formal and material investigation as per the type of object, when providing notarization service to clients. The burden of notarial certification responsibility is rather heavy so that it should be shared between the notary public and the client.Part IV focuses on the division of notarial certification responsibility. The article points out the current law system of China decides the notarial certification responsibility shall be divided according to the type and status of the object. For past and non-experience object, the client shall provide certification for his/her behaviorwhile the notary public shall provide certification for the result; for current and experience object, the notary public shall provide certification; when the object is authenticity of the client's expression, the notary public shall only be responsible for the formal notarial certification.