Research On The Civil Liability Of False Notary Infringementfalse

Notarization system is a legal system introduced from abroad in the early Republic of China.Notary system is an integral part of our judicial system.It is a preventive legal system.The implementation of the notarial system with the guarantee of state coercion,and the written verification of the authenticity and legitimacy of legal events,acts and instruments can effectively suppress the acts of dishonesty in the trading activities,and create a good trading order Has a pivotal role.Since the notarization system was resumed in China,the notarization business has been developing due to the reform and development over the years.More and more notary agencies have entered the public's eyes.The notarized tentacles are in the social,economic and social fields,notarized in social life In the increasingly prominent importance.Notarization in the prevention of disputes,the stability of social and economic order status can not be ignored.In 2003,China joined the Latin Union notary public,and the notarial system gradually became compatible with the world.The development of China's notary has not been smooth and has undergone the process of introducing,sabotaging and resuming reconstruction.Up to the present day,notarization has gone deep into all aspects of public life.There are also some problems that inevitably exist in safeguarding the convenience of citizens' transactions and causing some different voices in society.In recent years,the number of notarization disputes has been on the rise,and notarization lawsuits have also emerged one after another,giving rise to doubts about whether or not notarization is really "just".The main existing problem is the notarization caused by improper practice of the parties or the interested parties.When parties or interested parties seek to safeguard their own interests,legal liability of notarization has become a problem that must be faced in notary practice.Among them,the most urgent need is to establish a notarial civil liability system.China's notarization system was established from the Republic of China period,notarization system was initially established in 2006.Notarial system is an independent judicial system,with its own characteristics,notarized civil legal liabilityshould also have its own particularity.The objective factor that triggers the notarization of civil legal liability is the existence of a breach of obligation by the notary public and its staff.The nature of notarized civil legal liability is infringement of civil law liability,applicable to the principle of fault liability.Notarial civil legal liability is mainly borne by notarial compensation,notarization of the scope of compensation should be direct loss and mental loss can be included in the scope of notarization.The responsibility of the notary party is different from that of the notary party.The notary party is the body responsible for the foreign party's liability for compensation.Internally,the notary party may recover from the notary public who has fault or gross negligence.Judicial support personnel should also bear the corresponding liability for compensation.However,the current legislation in the area of notarization lags behind and the responsibility system is not complete.We should improve it from notarization system,accountability system,legal notary and procedural aspects.