Research On The Legal Mechanism Of "Online Notarization"

At present,China's notary industry is ushering in a new development opportunity.On the occasion of the 40 th anniversary of the reform and opening up,China's notary industry has actively adapted to the development and changes of The Times and the arrival of the era of artificial intelligence,defined its own development tasks and requirements,and explored the legal mechanism of "online notary" on the basis of the Internet.In July 2017,Xiong Xuanguo,vice minister of the ministry of justice,made an overall deployment on the construction of notarization information at the national conference on notarization work.At the first meeting of the rule of law commission of the CPC central committee,general secretary Xi Jinping proposed that contemporary legal services should be based on enabling the people to enjoy the authority and justice of the law more conveniently and quickly.To achieve this,it is necessary to coordinate the publicity and construction of urban-rural legal integration,establish a public legal service system with a wider coverage,and reform and innovate the working mechanism of the lawyer profession and notary profession.Under the background of the rapid development of big data and the increasingly perfect artificial intelligence technology,the notary industry has also begun to transform and upgrade,opening the legal mechanism of "Internet + notary",and "online notary" came into being."Online notarization" can realize "without leaving home,then know what is going on in the world",which enables notaries to reduce the business of checking information,and handle more notarization business in the effective time,thus improving the efficiency of the certificate.Moreover,"online notarization" is also extremely beneficial to the notarization parties.The notarization parties can realize the purpose of "running at most once" for some notarization matters through online acceptance platform and self-service card handling machine,which greatly reduces the time cost of notarization for the parties and brings more convenience to people's life.In addition,"online notarization" stores information through computer control and data management information,which is conducive to strengthening the objectivity and standardization factors in the supervision,thus realizing the intelligent development of notarization supervision and management,and giving full play to the value of "online notarization".At present,in practice,it has begun to explore the online service notarization business combining the notarial office and the judicial auxiliary business of thecourt.This is not only the innovation of the judicial field and the notary industry,but also the value of the "online notary" platform.However,the construction of "online notarization" is still in its preliminary stage,and the problems existing in its legal mechanism cannot be ignored."Online notarization law currently mechanism in apply to the following problems: on the applicable law," "online notarization of the risk of legal application level cause client identity identity it is difficult to determine,easy to tamper with the evidence,the network of electronic contract is fixed,electronic evidence effectiveness is difficult to confirm the problem such as authenticity,leading to the parties interests protected;In terms of legal mechanism construction,"online notarization" is lack of systematization,lack of unified "online notarization" platform planning and standards,resulting in "online notarization" construction work is a mere formality;In terms of system and mechanism setting,problems such as unreasonable platform design,lack of supervision and insufficient publicity have appeared in "online notarization",resulting in low utilization rate of "online notarization" platform.In the construction of talent team,there are some problems such as "online notarization" notary lack of correct understanding of "online notarization" service concept,weak notarization service consciousness,notarization institution lack of ability compound talents,and notary's comprehensive quality to be improved.These problems have led to people's distrust of the effectiveness of "online notarization" and the credibility of notarization has been greatly reduced.In view of this,the legal mechanism of "online notarization" needs to be further optimized and upgraded to become a convenient way to resolve disputes and protect rights and interests in the information age.To the present development of China's "online notarization","" online notarization law mechanism,analyzing the problems existing in the draw lessons from foreign advanced research results and practical experience,to China's" online notarization law mechanism in the applicable to do the following several aspects: first,adhere to the four basic principles of notarization,clear notary in "agriculture,rural areas and farmers" and other institutional guarantee of law practice,clear "online notarization law and relief measures,in order to strengthen the" online notarization law mechanism legislation safeguard;Second,the establishment of a unified "online notarization" standards and norms,improve the "online notarization" technical process,in order to build a system of "online notarization" legal mechanism;Third,the use of information technology to build a national notarization data platform,improve the internal supervision mechanism of "online notarization",strengthen the publicity and promotion of the application of "online notarization" platform,in order torealize the construction and sharing of notarization information,and then improve the system and mechanism of "online notarization";Finally,through the correct understanding of the"online notary" service concept,training ability of compound notary business talents,strengthen the "online notary" talent team construction,in order to comprehensively improve the notary professional quality.In a word,we should further improve the legal mechanism of"online notarization" and enhance its credibility.Make the legal mechanism of "online notarization" better and more convenient to serve the people,so that China's notarization industry can confidently stand on the international stage.