Research On My Country's Notary Compensation System

Along with the increasingly deepened socialist legal system construction,citizens' legal awareness is also enhanced,and during producing and living they know better how to use legal measures to protect their legal rights and interests.As a legally established non-profit certifying authority,the notary organization independently executes notarization function and undertakes civil responsibilities,playing increasingly important role in civil life.Moreover,because of its probative force which is higher than the ordinary certifying authorities',notary organization is widely trusted and relied.However,facing the numerous and complicated facts to be certified and the entanglement of interests beneath,occasionally the notary authority might certify matters untrue or illegal on purpose or negligently,directly or indirectly infringe the legal rights and interests of the party and the third person,and thus cause compensation for loss due to notarization.Because the probative force of notarization is in priority,there are criminal offenders using notarization as a tool for their delinquency,and meanwhile the laws,regulations and theoretical research about compensation for damage due to notarization should also be further perfected.This paper is going to focus on China's special national condition that,notary authority here has the dual-nature of non-profit public institution and state administrative organization,and thus China's notary compensation is defined as the concurrence of civil compensation and state compensation.When undertaking responsibilities,because of notary authority's position as expert in the area of notarization,its due responsibility shall be upgraded into professional liability,and when putting to the proof,the notary authority shall undertake liability for fault based on the doctrine of presumption.After elaborating the theories about notary compensation,this paper will interpret the status quo of China's notary compensation system through cases,and classify the reasons for notary damage compensation into the following types: the notary's collusion with the party or third person,false written notarization,false affirmation of facts to be certified,etc.This paper also provides constructive suggestions about how to guarantee the compensation obligation to be effectively implemented by the notary authority and notary when there is compensation for notary damage occurring occasionally.The advanced experience from other countries of Latin notaries should be borrowed,and based on the current simple notary authority liability insurance,the notaries' several personal and practical insurances and the insurance funds for practitioners of notarization should be provided to further lower the notaries' professional risks and benefit the notary profession's benign development.At last,the paper also provides rough suggestions for the construction of China's notary compensation system,such as explicating standards of notary behaviors to confirm undertaking of liability,perfecting notary guarantee mechanism,balancing the compensation according to law and the ''public welfare compensation''.