Legal Research On Civil Responsibility Of Notary Compensation

The Market-oriented reform of notarization system is the chance to improve the quality of notarization service. However, many new risks emerge in notarization and confine the development of notarization industry. Notarization compensation liability is the main manifestation, and also the inspection standard of notarization organs and notaries. The source of notarization risks varies, and those risks can be classified into authenticity risk and legitimacy risk. The reasons of notarization risks are notarization fraud, truth is hidden, and lack of ability and moral risks, however, the main reason is the applicants submitted false files or made false statements. The nature of notarization compensation liability can be viewed as professional liability, which has the characteristics of tort liability and contractual liability. The responsibility principle of notarization compensation liability is fault liability principle. The nature of notarization compensation liability for the interested person is a kind of supplementary liability. The following tow aspects should be lay more emphasis by notarization organs and notaries:the first is the precaution of notarization compensation liability. The precaution of notarization compensation liability is of more importance to notarization industry, notarization organs and notaries should highlight the awareness of risk and liability precaution. In notarization practice, strict checking, engaging responsibility and refusal service can effectively prevent notarization compensation liability; the second is the defense against notarization compensation liability. It is necessary to take some count-measures to defend notarization risks under the article43of notarization law. The notarization organs and notaries should put forward the evidence that the notarization organs and notaries have no fault, there is no damage, and the liability the notarization should undertake is supplementary liability and other plea instance.