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The Notary System Of Nanjing National Government

Posted on:2013-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HaoFull Text:PDF
GTID:2256330395488431Subject:Legal history
Abstract/Summary:PDF Full Text Request
The notary, just as its name implies, is associated with the private certificate.Notarization is by the state notary proof, private certificate is a personal witness, they havesome differences,for example,effectiveness and authority. In the long history of humansociety, private certificate has several thousand years of history, and now it still widely usedin folk.Private certificate in history has had certain effect, but it has defective. Some witnesseswho do not understand the law,and together with the feudal ideas mischief, often involved inillegal contract without knowing that. private certificate in many cases is difficult to protectthe legal rights of parties, not to say stand as a prevent disputes role. And some people alsofor some reason is" centered" reverse bias, so the" witness" does not necessarily fair, as alsobecause of the limit lifetime, some contrace in recent years, the witness had died, the case hetake part in become" something only he could prove", these defects are private certificatecould not overcome.In view of the shortcomings of the private certificate, nowadays the countries all over theworld successively execute notarization system. Notary and private certificate cannot be samein the legal effect, the reason is very obvious. First of all, this proved by the state notary,notary public notary authority vested in the state, other state organs does not have thisfunction. Particularly with regard to foreign certificate, relevant foreign authorities onlyrecognize certificate of Chinese government Notary seal, not notarized documents, not inforeign law. Secondly, the notary does not like private certificate, the parties could not dowhat they want to prove,they have to put forward relevant evidence, also according to the law,in accordance with legal procedures for specific notarization. Finally, notarization isextremely serious, to review the application of notarization of legal acts, instruments and thefact is true, lawful, when it necessary,they have to conduct investigation to make it clearlyaslo.From the period of Nanjing national government started, I owned a real sense of thenotarization law, its formulation in the west of follow the lead of advanced legal provisions atthe same time, but also combines our own characteristics. When this system carry out, iteffectively maintain the social stability, especially in the war of resistance against Japan general situation, stabled wartime rear order and enormous. This article tries from the periodof Nanjing national government notary regulations of the content, principles and other aspectsof analysis, combining with some cases,to carry out some feasible practice of notarizationsystem discuss.The notary system is an important legal system. The creation of this system aims atpreventing disputes, lawsuit, to promote the economic and social intercourse, protect thelegitimate rights and interests of parties. Therefore, all countries pay great attention to applymodern notarization system of maintaining the economic and social order. How a state notarysystem perfect and implementation, is directly related to the social and economic stability.China is a socialist country, we should pay more attention to the use of public notary systemto maintain social and economic order, safeguard our national, protect interests or the lawfulrights and interests of citizens. Therefore, the period of Nanjing national government’s notarysystem and its implementation has lots of advantages what we need now.
Keywords/Search Tags:private certificate, witnesses, notary, notary system
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