About The Analysis And Reform Strategy Of The Notarization System In China

Notary system is a preventive authentication system which has been widelyimplemented in the world. By legalizing private documents and contracts, notarysystem does provide evidence service for the public, prevent disputes, and, thus, behelpful for the security of social relations. In China, notary system is indispensable forthe national judiciary. It plays an important role in legal guidance for civil andcommercial actions, defence for equal interests of all parties, and security for stabilityof legal system. Nevertheless, there are problems of the national notary system. Andwith the perspective of privatization of public services and basis of the science ofpublic management, it will be helpful to promote the research and practice of notarysystem and to make it play a greater reuse in the construction of legal system inChina.Firstly, this paper discusses about the concept and characteristics of notarysystem, and its nature as quasi-public goods, as well as the privatization of publicservices and NGO. Secondly, with the review of the history of the national notarysystem, this paper introduces the actual conditions of the notary system in China, andsuggests that there are six aspects need to be improved. This paper regards theambiguity of notary functions and role as the main cause of the existing problems, and suggests that to define the nature of notary services as quasi-public goods and to makeprivatization as the supplementary way of notary service are feasible ways to improvenotary system. Thirdly, this paper discusses the experiences and reference from civillaw notarization, and also the necessity of privatization as the reform strategy ofChinese notary system. It also proposes a basic mode for privatization-that the notaryoffices as NGOs will directly provide the notary services with the authority from thethe national government. Finally, this paper makes preliminary visions of theprivatized notary system, which provides a layout for the reform and improvement ofthe national notary system in the future.