On The Legal Status Of China's Notary Agencies

The nature of notary public has been a controversial issue over the last decade.At that time,our country didn't have a Notary Law,So that the relevant theoretical and practical issues related to the notary public in China have not been solved.In June 2005,Notarization Law was formally promulgated.Unfortunately,the legislature took evasive attitude which did not give a clearly legal position to notary public.Nowadays,Notarization Law has been promulgated for ten years.The transforming of government function,the modernization of national governance system and governance capacity are becoming inevitable requirements of ruling the country by law.Under the background of the reform of institution,sorting out the reform process of notary organization and then exploring the legal status of notary public is meaningful.The research methods include the comprehensive analysis,the literature review,and the legality analysis.Except the introduction,this dissertation is divided into four chapters.In the first chapter,author has reviewed the historical evolution of Notarization System in China.And then,he proposed the key issue which should be address in this paper.In order to answer that issue,author has researched the nature of Notarization Right in second chapter.Based on the nature of Notarization Right,he has analysis the legal position of the notary public.Especially to discuss what it should be.In the third chapter,author has concluded the different nature of notary publics under the civil law notary system and the common law notary system.According to former studying results,last chapter has discussed the notary public's organization which is suitable to the nature of it.Finally,the author has researched the outlook of notary public with the angle of “statutory bodies” and “the third sector”.