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A Rustic Opinion On The Regime Regarding The Practice District Of Notarization

Posted on:2013-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:W M PangFull Text:PDF
GTID:2246330395973184Subject:Law
Abstract/Summary:PDF Full Text Request
Since the separation of notarization institutions from the government wasestablished in1980s, the notary system has developed rapidly from nothing. It plays asignificant role in providing the notarial service, preventing disputes, and protectingthe legal interests of natural persons, legal persons and other organizations.Nevertheless, due to the highly evolutionary economy, the notary regime still has tobe reformed and perfected. At the present, the regime regarding the practice district ofnotarization is strongly called for reform, and this regime is one of regimes which areobjectively in dire need of reform.In accordance with the analysis on the provisions regarding notary practiceregion system in laws and regulationsby using legal theories, combined with thecomparison with the notary practice region systems (NPRSs) in othernotary-highly-developed countries or regions; this essay will mainly focus on thefuture direction of the reform related to the NPRS in China, and the reformsuggestions with respect to the problems regarding the NPRS in some vital notarycategories, from the perspective of deeply analyzing the problems that exist in theNPRSs in China and thus absorbing some beneficial notary-related theories in othernotary-highly-developed states or districts. This essay will be divided into thefollowing four parts.Having demonstrated the definition of the NPRS and laws about the NPRS, what will be firstly introduced is the background information about the NPRS regulated bylaws and statues relevant to Chinese notary public system, and the author’s personalmusings about the NPRS.Secondly, the nature and laws in respect of the NPRS in somenotary-well-developed nations will be emphasized, with the purpose of paving theway forexpounding how to consummate the NPRS in China.Thirdly, the limitation and the reform suggestions in academia will be illustratedin this section. By comparing the first and second parts of this essay, the limitation ofthe NPRS in China will be summarized, followed by the introduction to the“reservation theory” and the “abolishing theory” proposed by the academia.At last, how to perfect the NPRS will be addressed in this part with the focus onthe direction of the perfection. It is believed that rather than adopt the“reservationtheory” or the “abolishing theory” blindly, a balance should be struck betweenthe“reservation theory” and the “abolishing theory” by perfecting the NPRS, and thusthe “perfection” would become the dominant style of reconciling the contradictionbetween these two theories. Furthermore, the reform suggestion will be underlinedbased on analyzing the problems regarding the NPRS in some vital notary categories.
Keywords/Search Tags:Notarization, The practice district of notarization, Limitation Perfect
PDF Full Text Request
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