The Reasons For The Lack Of Notarial Credibility And Its Countermeasures

Notarization is the activity that notarial institutions prove the authenticity and legitimacy of civil legal acts,facts and documents of legal significance according to legal procedures according to the application of natural persons,legal persons or other organizations.In notarization activities,the public credibility of notarization is undoubtedly the most basic and core content of notarization."Credibility" usually refers to the degree of trust that the public has in someone or social organization in social public life.Notarial credibility is a kind of trust that the public has in notarial institutions and notaries.This kind of trust directly depends on the ability of notarization to win the trust and trust of the public as well as a kind of subjective judgment or value evaluation of notarization.The greatest value of notarization is embodied in the word "letter".If the public credibility of notarization is lacking,it will affect the public's trust in the notarization system and the belief in the rule of law.Therefore,it is particularly important to strengthen the theoretical research of notarial credibility and prevent the lack of notarial credibility through further research.This paper is divided into four parts to discuss the lack of credibility of notarization in China.The first part of this paper expounds the basic theory of notarization credibility.The interpretation of the concept of notarial credibility and its attributes shows that the current prevention and management of the lack of notarial credibility should be changed.The focus should be on improving the quality of notarization,improving the notarization process,protecting the legitimate rights and interests of the parties and unblocking the relief channels.The introduction of the history and reform of the notarization system shows that under the background of the reform of notarization institutions,strengthening the construction of notarization institutions,reducing false notarization and improving the quality of notarization have become the inevitable choice to improve the credibility of notarization.At the same time,in re examining the function of notarization,it is found that whether notarization can give full play to the function of dispute prevention is closely related to the protection of the legitimate rights and interests of the parties and the increase of public trust.The second part of this paper first analyzes the representative cases in notarization practice,explains the current situation of notarization credibility in China and puts forward the problem of lack of credibility in China.Furthermore,this paper analyzes the reasons for the lack of credibility of notarization in China.Although the notarization system plays an irreplaceable role in the construction of the rule of law,the credibility of notarization is suffering from the crisis of continuous loss.The main reasons are as follows: first,the notarization avoidance system is not perfect.The withdrawal system is the basis for notaries to deal with notarial affairs fairly and justly;secondly,procedural justice is ignored in the notarization process.The lack of legislation on Notarization procedure increases the difficulty of examination and verification in practice,which affects the quality of notarization and the authority of notarization;thirdly,there are unreasonable distribution of burden of proof and unclear identification of fault in notarization compensation litigation,which affects the responsibility of notarization institution;fourthly,China is investigating the criminal responsibility of the parties for cheating notarization We are in trouble.The low illegal cost of the parties is an important reason for the appearance of fraud in notarization.In view of the above problems,in the third part,this paper makes a comparative study on the notarization system of civil law system and common law system.This paper focuses on the legislation of these countries in the aspects of notarization avoidance system,notarization procedure,notarization compensation litigation and regulating the fraud of the parties.In the last part of this paper,based on the comparative study of the notarization system of the civil law system and the common law system,four suggestions are put forward to improve the notarization credibility of China.Its content mainly discusses from four aspects: perfecting the avoidance system,paying attention to the notarization procedure,perfecting the notarization compensation system and regulating the parties' notarization fraud.