The Study On Notary Compensation Lawsuit System

The notary compensation lawsuit refers to that, in the process of notarization activity, parties who apply for notarization and interested parties of notarization items suffer a loss because of the fault of notary organization, which lead to damages litigation. Notary compensation lawsuit belongs to tort lawsuit of civil procedure, so relevant theories of Civil Procedure Law and Tort Liability Law can be used in the study on notary compensation lawsuit system. According to 43th item of Notarization Law, when parties who apply for notarization and interested parties of notarization items suffer a loss because of the fault of notarization institutions, they have the right to file a lawsuit. There have not been specific trial rules of the cases in Notarization Law. In 2004, The Supreme Court enacted Rules on Trial of Civil Cases of Notary Activities, which contains specific trial rules of the cases. According to the relevant rules of Notarization Law, Notarization Procedure Rules and Rules on Trial of Civil Cases of Notary Activities, the legislation of notary compensation lawsuit include the parties of notary compensation lawsuit, the fault of notary organization, the notary compensation scope and the compensation mechanism, the reason of irresponsibility of notary organization and the liability issues of notary organization and parties who apply for notarization, which occur in the cases that parties who apply for notarization provide false documents. With a trend of diversification and complexity of notary compensation lawsuit, it is necessary to perfect relevant legislation on the basis of grasping particularity of the cases. Meanwhile, judge need to grasp particularity of the cases and make a fair decision.