Research On The Probative Force Of Notarial Docements

The probative force of notarial document refers to the role of the notarial documents prove its proven facts or conduct to prove the existence and the size of the role. Some of the evidence’s probative value are strong or weak, and the different types of evidence in the trial court have the different probative force and the evidence capability. Notarial document as a special kind of legal evidence, it is different from that of other evidence has been one of the problems of academic research. Meanwhile, the probative force of notarial instrument, the scholars notarial instrument probative force in the end is the probative force of notarial documents refer only to the time as documentary evidence, or is that the probative force of notarial document content has stated, there is no conclusive. The author believes that there are more than a notarial document documentary evidence of probative force, because this proves stronger force stems from the law, the essence of the credibility of the notary. Probative force of notarial instrument contains both probative force of notarial document text, but also contains the probative force of notarial document content contained possess.There are five chapters in this paper.The first chapter introduces the text of the background, purpose and significance, research methods and research effect. There are few studies on this subject in academia.As one of notaries, I have the responsibility and obligation to research on the actual use of notarial documents in real life as well as whether really solves the actual needs of the parties.The second chapter introduces the concepts related to notarial document. First of all, this chapter introduces the concept and the characteristics of notarization and analyzes the main difference and contact between notarization and relevant certificates.lt is concluded that the notarial certificate is currently the most widely used as a proof system.This article also analyzes the concept of notarization and the nature as the evidence and accepted the notarized document is superior to that of other documentary evidence. Besides,this paper analyzes the concept and features of the probative force of notarial document, and I think that its probative force is from the rule of law, the nature of notarization and notarization credibility.Chapter III is about the standard of probative force of notarial document. The author analyzes the mechanism of probative value of notarial document.There are two theories about this question in the academic circle.One is judicial notice and the other one is effect of the presumption. Personally I agree with the latter.This paper analyzes four kinds of possibility about doubts about the probative force of notarial document:with the theory of the case facts; a false theory; illegal theory; fuzzy theory. Finally the author proposes four possible digestion methods for the four possible questions.The fourth chapter analyzes the status quo about judgment of the notarial document’s probative value.For the moment, relatively few about this aspect of the legislation in our country but in the area of civil litigation legislation. Now important problems in the current legislation is not only fewer problems, with emphasis on our notarized documents in court as proof of the superiority of their power use when the evidence is not being taken seriously judges. By analyzing the factors influencing the probative force of notarial document,the author suggests to solve problems probative weak in our country in both directions from the inside and outside.The fifth chapter is about the path and strategy on how to improve the probative force of notarial document.Through the analysis of inside and outside two aspects, the author puts forward we should solve this problem from the improvement of the notary system and the improvement of the judicial system.