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On notarized wrong certificate

Author: HuYue
Tutor: MaHongJun
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Notarization Notary wrong card Notary quality
CLC: D926.6
Type: Master's thesis
Year: 2007
Downloads: 205
Quote: 2
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Abstract


With the social and economic development, the enhancement of public awareness of the law, notarized proof of business scope and quantity in expanding. At the same time, however, the credibility of the notarial office at this time frequently occur due to the notary wrong card been questioned by the society, the wrong card problems become a challenge to put in the front of the the notary industry and the judicial system. Especially sensational Xi'an BMW lottery case unlawful disclosure of notarial acts, makes how to prevent the notary wrong card, reshaping the the notary industry's image of integrity to become a notary within the industry and the focus of attention. In view of the problems of our current notary wrong card has had a negative impact on many aspects, so full of hope notary wrong certificate to be able to provide a reference for solving the problem of China's current high rate of wrong card. The article outlined the wrong certificate from the notary value causes its analysis of the notary wrong card, to prevent and correct the wrong card system to build three aspects, combined with the newly published \, research and notarized wrong card, and thus expand the article is divided into three chapters: Chapter 1 is the value Overview of the the notary wrong card. Constituent elements of this chapter the burden of proof from the wrong card features, concepts, notary wrong, the notary wrong card imputation principle three aspects of the notarization wrong certificate theoretical overview describes the status quo the notary wrong card, the notary wrong card rate The higher the harm. Chapter II undertake first chapter notary wrong card causes were explored and analyzed from two perspectives. The first angle is unfavorable factors both inside and outside of the notary system. Including unfavorable factors of the social environment, the notary system in the presence of negative factors, notary practice neglect of procedural problems in three aspects. The second angle is the lack of the legal system. Including notary regulatory for the notarization management system requirements not detailed enough and scientific, the notary, notary assistant and notary support staff identity distinction, and accompanying rights and obligations, the liability is not to be separate and defined, notary and regulations do not clearly distinguish between the varying obligations due examination as to substance and form of review, and should be accompanied by proof of the way and notary relief and Notarial rights provisions of the the notary parties stakeholders and notarial matters is not comprehensive, notary and legal specific identification and allocation of responsibility provisions not clear the five questions. Chapter notary wrong card causes the in-depth analysis on the basis of the system to prevent and correct the wrong license to build and offer constructive ideas. First, it is clear the guiding ideology of the regime to prevent and correct the wrong card Confucianism and building a harmonious society. Secondly, the idea of ??sound against the wrong permit system. Beforehand wrong card prevention system construction, the article should be constructed from a comprehensive foundation system, and professional system of two aspects. Which is to establish and improve the supervision system of the the notary wrong card afterwards, the articles should proceed from the two aspects of the system of internal oversight and external oversight system. Finally, the article has given preliminary legislative proposals for the prevention of wrong permit system. Notary regulations legislative proposals and legislative proposals for supporting legal system.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Notary system
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