Research On The Chinese Notarization Review System

Notarization is an activity carried out by notary authorities so as to certify the authenticity and legitimacy of civil legal behaviors and legally significant facts and documents on statutory procedures according to the application by natural persons,legal persons or other organizations.Notarization plays an important part in preventing disputes in advance and resolving social conflicts.It indirectly promotes the development of society and the progress of economy with its special function of certification.As the center part in the entire notarial activity,notarization review is the most fundamental and important procedure to realize the effectiveness of notarization,concerning whether a notary authority can make the decision of issuing a notarial document according to the application by the parties involved.Notarial activities are carried out surrounding the core of notarization review.This article possesses four chapters and discusses the notarization review system in China.Chapter one introduces the notarization review system.It specifically discusses the notarization system and notarization review system,presents the developing course of the notarization system,compares the similarities and differences of the notarization review system between the world’s two legal systems and finally introduces the Chinese notarization review system.Chapter two elaborates notarization review principles.It chiefly mentions three basic principles of notarization review system:the authenticity and legitimacy principle,objective review principle and substantivity principle.It detailedly elucidates the connotation of the concepts of the three basic principles,the items to be noticed in the notarial practice and the way to realize the basic principles.Chapter three analyses the notarization review methods.It emphatically introduces two basic review methods:entitative review and procedural review,comparatively analyses the two review methods and further leads to the significance of establishing a notarization review method in China.The author talks about the disputes in academic filed and finally puts forward the conception of establishing a Chinese notarization review method:the comprehensive method.Chapter four presents the ranges of notarization review.It analyses in details from two aspects of the entitative notarization review and procedural notarization review and respectively elaborates the review ranges of notarization and authentication.The author suggests giving extensive interpretation of the range of notarization review,which includes the review before accepting the notarial case.