Research On The Validity Of Preservation Of Notarized Evidence

In recent years' evidence through notary organ preservation has been has been effectively used in civil lawsuit.At the the same time,that notarization evidence is confronted with validity dilemma,therefore,the problems and the reason behind should be figured out in an effort to reform and improve the current approach,thus further better take the advantages of notarial evidence preservation and alleviate the burden of the judicial referee.Currently,through notary organ preservation of evidence are widely applied in the field of civil litigation is increasingly frequent,effectively safeguard the legitimate rights and interests of the parties,also conducive to lighten the burden of the court.Unfortunately,notarization system in the judicial system in a marginalized position,notarization in judicial voice faint in the theory of law,even if the notarial evidence preservation in the social practice development faster,also did not cause people to deeply studied and discussed the effect of interest,this mainly displays in two aspects:first,the current research stay in for the notarization notarial partial summary of practical experience and exploration level,lack of summary and analysis to the real operation condition of system;Second,theoretical analysis of the notarial evidence preservation effect from the existing legal provisions of China,and most of the conclusion of completeness,and have the same phenomenon.To better clarify the notarial evidence preservation in the judicial practice,the application of the status quo,related laws and regulations on thorough analysis of notarial evidence preservation effect and explain the difference between,therefore,the article choose the notarial evidence preservation effect as the research subject,hope to be a contribution to the research in this field.This paper is divided into three parts,namely,preface,text and epilogue,with a total size of more than thirty thousand words,and twenty-eight thousand words in the main body in addition to the preface and epilogueln this paper,The first part introduces Analysis of the basic problems of notarization of evidence,including the concept,notarized evidence preservation object,defining notarized evidence preservation effect,wide application of evidence preservation business in the judicial field and the effect of the defect etc..To deal with this problem,the theoretical research into the notarial evidence preservation of the force of law is urgent.Thus,in the second part of the article,the different judgment results first through two similar cases,found the mechanism of academic research on the effectiveness of different views,but also there exist three different provisions in our existing legal provisions and interpretation,theoretical and practical problems of this part focuses on the analysis of these Regulations.In the second part of the article,some suggestions were proposed for improving the effectiveness of notarization of evidence,including legislation,judicial suggestion and notarization practice recommendations,mainly by the Supreme People's Court issued a judicial interpretation,judicial review and notarization of evidence validity;coordinate the court evidence preservation notarization of evidence preservation and the relation,put forward some suggestions to improve the relevant legal system,hope through a variety of methods,improve the effectiveness of notarization of evidence.