On The Function Of Notarization In Solving Family Dispute

China is exploring the diversified settlement mechanism of family disputes,and some pilot courts have carried out the joint work of litigation and notarization on the settlement of family disputes,which has achieved some popularizing results in alleviating family disputes and reducing the court's trial pressure.As an important part of the diversified dispute settlement mechanism,notarization has the functions of proof,communication,service and supervision.Compared with other dispute settlement methods,notarization can also regulate civil and economic behaviors,prevent disputes,reduce litigation,and maintain social justice and market economic order.Notary system transplantation in our country in continental law system country,the specific function of notarization to participate in the family dispute resolution is shown as: defuse family conflicts;Provide a platform for individuals to express their private rights;Advantages of investigation and verification;Take the enforcement force as the guarantee;Protect privacy.Compared with the mature legislative experience and practice of other civil law countries,the notarial function in solving family disputes in China has not yet come into play,especially there are still many deficiencies in notarial participation in solving family disputes.From the perspective of legislation,the lack of legal notarization in the field of family affairs;The scope of notary mediation is narrow;The judicial power of family dispute judgment excludes the effect of notarization.In practice,notarization is limited to the"proof-only theory";Notarization public welfare and profitability conflict;Notarization human resource control;The material funds for notarized participation in auxiliary affairs are not guaranteed.To this,the notarization on cognitive functions,should be to shift their concept of notarization only prove "pay attention to the extension of notarial functions,to enhance the publicity on notarization,enhance the recognition and acceptance of notarization;In the system of legislation,establishing legal notarization system,family events to broaden the scope of notarization mediation,strengthening notary mechanism linking to the proceedings,to provide notarization to participate in the family dispute resolution system foundation;In notarization to participate in litigation and docking,clear notary public relations with the court,perfect the mechanism for ensuring adequate funding for the material,specification to participate in the family dispute resolution team ofnotarization,promote the notary docking litigation run better.Based on the existing notarization to participate in the family system in the field of perfect,the notarization to participate in the family dispute resolution further standardize,power in the family to the development of diversified dispute settlement mechanism.