A Brief Analysis Of Characteristic And Position Of Notary In Legal Profession

In the traditional view, legal profession is mainly consisted of lawyer, judge and prosecutor, while few people keeps an eye on notary. However, with the development of notary in our country, the notary keeps a closer relation with the civil jurisdiction. Thus, it comes to a heated discussion:Whether notary belongs to legal profession?In fact, the notary has already formed a independent profession group for a long time, just as lawyer and judge does. In the civil law country, the notary plays an important role in the jurisdiction system, as a precaution and adjuster of the legal relation between social members. In this article, I intend to analyze the characteristic of notary in legal profession, the substitution of notary’s function and the position of notary in social legal system, so as to reveal the function and position of notary in legal profession.This article is consisted of three parts:introduction, main text and summary.The predicament of the notary in our country is summarized in the introduction, so as to lead to the main topic of this article.The main text is consisted of three chapter.In the first chapter, the article keeps an eye on the characteristic of legal profession of the notary, which is divided into three section. The first section shows the history and development of the notary. The difference of notary system between China and foreign countries is discussed in the second section. In the third section, the article made a deepen analysis of the characteristic of legal profession of the notary in four directions:the thought, ethics, independence and admittance of legal profession.In the second chapter, the article explained the specialness of notary’s function. This chapter is divided in to three section. In the first section, the article aims at the function of the notary in the civil jurisdiction. In the second section, the article made a research of the notarial power. In the third section, the article shows the neutrality and objectivity of the notary.The third chapter mainly concerns about the structural position of the notary in the social legal system. It is consisted of two section. In the first section, the article identifies the position of the notary in social management system. In the second section, the article shows the three position of the notary in the social legal system: the precaution of the disputes, the defender of legal safety and the accelerator of legal development.In summary, the author conclude the characteristic, function and position of the notary in legal profession.