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Notarized the right to explore

Author: FanKaiHua
Tutor: MaHongJun
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Commissioned to verify Substantive examination Legal Truth
CLC: D926.6
Type: Master's thesis
Year: 2011
Downloads: 83
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Abstract

Notary notarial institution, upon the application of natural persons, legal persons or other organizations, civil legal act in accordance with legal procedures, legal facts and documents authenticity and legality of demonstrable activities. 1 in notarized activities, proved to be the notary most basic, the core content. Countries in order to protect the quality of notarization, improve the credibility of notarial documents, the notary legal system provides for a review process of a notary public. With the in-depth development of the market economy, the provisions of the state notary review process, and how many changes. , The legislature provides in Article 19 of the 1982 implementation of the \In the survey, the relevant units and individuals have the obligation to assist. 2 and 29 of the Notary Law effect in 2006, the legislature has provided, notarization of a notary public on the application and the evidence provided by the parties, in accordance with the relevant accreditation rules, verify or doubt, it should be carried out verified or commissioned off-site on behalf of a notary public to verify the relevant units or individuals shall offer assistance. 3 Accordingly, in the review process, the Notary Law Notary Provisional Regulations under investigation the right to modify for the purpose of verifying the right to. Thus, the right to verify the first set down in the notary law. The establishment of the right to verify the return of notary essence, is an accurate interpretation of the notarial functions, has a very important significance. However, at present, China's notary law provisions on the right to verify too general lack of guidance and operational practice, a notary public in the exercise of the right of verification, often encounter obstacles, difficult to become a notary public general problems facing verification. This article is based on the right to verify the theory and practice, the right to verify a comprehensive, systematic exposition. The full text of four parts, a brief reads as follows: The first chapter is the elaboration of the general theory of the right to verify. First, the right to verify the establishment in China, mainly through changes in the legislation, the legislative change controversy (a notary public should enjoy the right to verify or right to investigate the existence of controversy), and this article on this controversial point of view. Then expounded the right to verify the connotation, namely the right to verify what the right to verify what the property. Then expounded the right to verify the theoretical basis of the exposition of the theoretical basis, transaction security and judicial efficiency point of view. The second chapter is an exposition of the verification procedures. The first is the subject of the verification, depending on the type of verification, to determine the different verification body, that is the main verification is a notary public accepted the accreditation application, commissioned by the main body of the verification notary organization commissioned a notary public accepted the accreditation application. Standard, that is then elaborated notarized notary verification and the circumstances in which the notary to verify the extent to which standards to specify the conditions and extent of the notarized. Finally, describes the a notarized way, a notary public how to complete a notarized. According to different criteria, notarized can be divided into different categories, including verification and the verification and face-to-face verification and two non-face-to-face verification. The third chapter is notarized existing problems in practice and the reasons described and analyzed. First expounded notarized the problems in practice, including a notary public to ignore the verified verification can not be with relevant units and individuals as well as due to loss of data, incomplete, a notary public is unable to verify the three. Then analyze the reasons for these problems, this paper analyzes the five reasons, both legislative reasons, reasons related body awareness, as well as the quality of reasons. Chapter IV the right to verify the existence of the problem, targeted recommendations. The first is the improvement of relevant laws and regulations, including the accreditation rules enact, amend or repeal and notary law itself perfect; followed by a smooth verification channels of protection verification in place, including jointly issued a document to enhance communication and to carry out the file information construction; followed strengthen notarized access and training mechanism, enhance the business skills and overall quality of notaries; Finally, strengthen the construction of the security system of the notary compensation, protection have been violated due to the improper exercise of the right to verify the parties are able to receive compensation.

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