Legal Thinking In The Notarization Process

A process of notarization is the process of a notary's legal thinking, as a legal person, the notary is from the legal perspective to understand, analyze social problems, manage and solve these problems by legal thinking. In the face of clients' applications, a notary will not to balance the advantages and disadvantages, to compare the benefits and costs, to evaluate goodness and villainy, but to think and judge around legal and illegal, even it is a pure confirmation of authenticity, the notary also need to go through the legitimacy of the judgment. A notarized certificate, judgment, guidance, forecast function is notarized by a notary in the process of achieving concrete. The process of notarization is meanwhile the process of certifying, judging, guiding and forecasting by a notary public. The process of certifying is to confirm the authenticity, and the standard of the authenticity is (almost) real objective; The process of Judgment is to confirm the legitimacy, and the judgment exercised on the basis of a clear perpetrator expected to behave, which is occurring or is about to occur; The process of guiding is to construct the behavior model, it is the notary to shape behavior by regulations under such a situation that the doer only expected, without preconditions heart of the case; The process of forecast is to judge the effectiveness of notary certificate and the legal consequences of the behavior, and the reliability of predictions is decided by many factors. Notary's legal thinking has two meanings during the notary process: one is a notary to the law itself thinking that the law on notary public's understanding and interpretation; the second is a notary in accordance with the law by the thinking of the application notarized the legal significance of the understanding and interpretation. On the basis of understanding legal content, notaries searching reasonable judgment, building behavior model to certify, judge, guide or forecast clients' behavior. During the notarization process, notaries' attitude of the law, the legal concept of the right to know and experience all will impact their legal thinking.Our country notarization system has restored, the reconstruction since the 1980s, the male confirmation service rapid development, has played the positive role in the social life. On the contrary, the notarization fundamental research then the relative lag, was restricting the notarization legal system establishment and the consummation, the notary public several nearly has lost the words power in the legal occupation. At present, a notarization fundamental research common characteristic is the research which "the noun" in the significance notarization carries on to the achievement, is takes the research object by the notarization whole one kind of static state research principle road, but to the achievement "the verb" in the significance notarization, namely, by the notarization dynamic process stock the research object very are also few, specially to the notarization process in notary public's legal thought, theoretically reconsiders insufficiently. In the male confirmation service, because of lacks the legal thought method the guidance, but was unable in front of the notarization disciple of a master which formed one kind approximately to unify to see, has affected notaries certificate the quality, caused notaries certificate the actual effect greatly to give the discount, becomes bottle shin which the notarization industry further developed.This article attempts to study the notary how to think and should how to think by the perspective of the notarization process cuting-in with legal thinking, as a matter of fact it is the problem of REALLITY and SHOULD. This article is composed by 6 parts: The first part is an introduction, which is to reveal the researching value of a notary's legal thinking by analyzing the notarization functions such as proving, judging, guiding, forecasting and so on. During the real notarization process, it is usually thought that the process of notarization is the process of certification, the notarial certificate is just a proof to satisfy the clients, but we can find from the analysis of notarization process that such an understanding is unilateral. Today the laws get more and more complicated, people's expectation on notarization decides that the notarization must has the functions of certificating, judging, guiding and forecasting. The process of notarization is not only the authenticity confirming, but also the legal thinking, they are the two sides of one process; The second part is to analyze the legal thinking's characteristic, target and content of a notary proceeding with the legal thinking's signification, individuality and conditions. The notary is one of the law-community, his or her role first is an expert witness, it means that the notary will not only play a spectator, undertaker and registrar for the clients' action, but also an expositor, propagandist and actor. So the notary's prevision should be different from other common legal persons. The notary's notarizing on forthwith action, is not only to solidify the behavior contents objectively, but also to make the clients understand the significance of their actions and undertake themselves promises consciously. Therefore, the legal thinking of the notary has a characteristic of predictability; Based on the above-mentioned theory, facing to the practice, the third part is to study the legal thinking of a true judgment.There are 3 kinds of objects proved by the notary: civil legal acts, legal facts and legal documents, and according to these objects, the notary will have two standards of true judgment. The first one is the judgment of a true action, that is the judgment for the truth of a perpetrator's expression. The notary have to place himself on the position of a recipients and understand all of the expression when they feel and record the clients' expression. The second one is the judgment of legal facts and legal documents, the standard should be the legal authenticity; The forth part is to study the legal thinking of legitimate judgment. The basis of legitimacy is the "living law", in fact it is the effective law against individual cases, and it is also the "harmonic part" of legal provisions and cases. At the same time, the notary's interpretation of the law is its independence from the judicial review; The fifth part is to study the legal thinking both of construction of behavior model and forecast of legal consequences. For a long time, the function of notarization's behavior model construction is neglected in the notarization area. The judgment of the legitimate behavior is a process of confirming and judging. During this process, the behavior is the first, or there's an action model for reaching the expected benefits in the actor's heart, the notary will inspect this action with "colored spectacles". It is different from the process of action's legitimate judgment, the behavior model construction is a process of the notary building behavior based on some regulations with benefits forecasting but without any advance setting in their hearts. During this process, the notary will mold the actor's action previously according to the behavior model directly by law regulations and legislative intents. There are two contents of legal consequences forecasting: One is the forecast of action legal consequence. The purpose of a client applying for notarization isn't for making his action legitimate, but for clearing his action effective, it means that the client's behavior consequence will be protected or certained by law. The pursuit of the action's legal effect is the client's ultimate intentions. The accuracy of action's legal consequence forecasting will impact the rational person's faith and sentiment to the notarization. The other side is the forecast of notarial certificate's effectiveness. They are two different concepts of the notarial certificate's effect and effectiveness. The effect of notarial certificate is statutory, the certificate will have legal effect if it is made by the statutory procedures, according to true facts and legal regulations. But the effectiveness of notarial certificate won't work until it is accepted as an evidence by courts, administrative departments and other relevant foreign departments. It should be forecasted by the former whether the notarial certificate can get a legal effect as the client hoped; Finally, as a conclusion, this part is to discuss the impact factors of China's notary legal thinking and how to train their legal thinking.