Notary Civil Compensation System Legal Research

The first chapter is a general test notary compensation system. Section I discusses the legal property of notary compensation. We must examine the legal property of the notary compensation must start with the nature of a notary public. The author believes that the nature of compensation for notarial acts of the nature of the closely related, and administrative actions and civil notarial acts both dual property. In other words, a notary public: on one hand, according to the country authorized to exercise notarial powers, the validity of their acts to be protected by state coercive, and has certain rights of the public; on the other hand, it has a certain freedom or victory of freedom vocational, special selection system can be selected from the public notary or by the state licensing agencies to undertake the appropriate role of the notary. Based on this analysis, notarial law property page has a dual property:on the one hand, a notary public laws and regulations are authorized by the organization, the exercise of legal rights granted by the State to prove the implementation of national public functions; the other hand, a notary public is independent business and independent responsibility and self-discipline in accordance with the laws of the market running the public welfare system, non-profit business corporation.Section II discusses the principles of notarization of liability for compensation, From the "Notary Law" point of view, notarized application of the principle of compensation is attributable to the principle of fault liability, and this is through the academic said, that is, there must be at fault notaries, notary agencies to liability, otherwise, a notary public not liable.I believe that the principle of liability for compensation by a notary fault objectivity:The subject of compensation to be notarized notary agencies and notaries. Notary agencies and notaries only made the wrong card, false behavior, can constitute a notary compensation, any other acts of institutions and individuals can not be notarized liability of the main; Responsibility for compensation constitutes a notary:the main elements; behavior element:1, notaries in the performance of notarial duties that matters in the process of notarization must be at fault, before a notary public liability; 2, notaries acts (including acts or omissions form) with illegality; 3, must be the exercise of the notarial acts of duty; damage to the facts:Notary notary public and notarized by the fault to the interested parties or notarization matter caused a loss, that is, the occurrence of the loss must be notarized; causal relationship was:Institutions and notaries notary fault behavior and notary duties and notary issues the parties interested have the occurrence of loss causation. More than 4 Elements of liability in the notary must be determined simultaneously with, the absence of the above four elements in any one of a notary public and notaries can not assume any liability.The second chapter is a notary compensation system Comparative Law. Mainly for the French and German civil law notary compensation system and common law compensation system, and the American notary notary compensation system in China Hong Kong, Macao and Taiwan region. The second part is the practice of China's notary compensation system and the overall evaluation, which points out the inherent notary compensation system deficiencies and shortcomings:In the notary and the notary system, though to learn from the French, represented by the Latin notary notary system theory and system design. It should be noted, however, China and France in different social conditions, particularly at this stage in the legal environment in China is far behind the French community. France, China can not copy the successful experience of different social stages, should be treated differently. Some scholars believe that civil law can not well adapt to the needs of society, the common law was able to respond flexibly to social change, notary Compensation System in the mix of civil law and common law is also very natural.Chapter Two finished the first chapter is based on the complete legalization of China put forward its own compensation system, my humble opinion:a uniform liability Subject:In China, the existing administrative, business, cooperation of three institutional forms of a notary public, in theory speaking, three main responsibilities of the notary office system should be different; but the parties based on the interests of maintaining a unified duty by the notary office as a more appropriate subject. But does not remove the fault, therefore the practice of the legal responsibilities of the notary; Compensation:The author argues that, from the point of discharge notary duties, whether the fault standard should be whether the notary public or notaries fulfill the obligations and responsibilities, and these obligations and responsibilities provided for by law or industry standards established by notary; establish liability of double punishment: the combination of civil and administrative liability. When the notary interests based on fault of the parties resulting from losses, not only should the notary office for compensation (the latter may have intentionally or by gross negligence to the notary), the notary and notary should be handling the administrative disciplinary practice responsibility for action, to show disciplinary; perfect compensation system; notary compensation in the joint and several liability:one who is a notary and approval, assistant notaries joint and several liability; Second, notary and translation, printing, file management personnel associated responsibility; the third place due to escrow agent and other business of joint and several liability; improve the compensation program:I believe that legalization of damages due process and legal remedies within the relief program for clients to select the two procedures; rational allocation of the burden of proof:According to "he who evidence" the principle of compensation to the applicant or the notary notarized the matter should be interested in the process of notarization a notary public in the process of illegal, harmful consequences, violations and damage the causal relationship between the results of these three elements for proof; increase prescription exemption provisions; strengthen notary Professional Ethics.