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Analysis on the Legal System of Notary Compensation

Author: WuZuoZuo
Tutor: LiuJinHua
School: China University of Political Science
Course: Procedural Law
Keywords: Notary Compensation Liability Remedy Security Mechanism
CLC: D926.6
Type: Master's thesis
Year: 2011
Downloads: 168
Quote: 3
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Abstract

As an important component of notary system, the legal system of notary compensation is irreplaceable in protecting the rights and interests of parties and interest-related parties, standardizing the legal practice of notarization and enhancing the credibility in notarization. Implemented in China since 2006, "Notary Law" had established notary compensation system for the first time from the force of law. Notary services and notaries who cause damage to the interests of the parties and interest-related parties because of the fault in the course of their practice should assume compensation for the loss. But now, the existing system of legal norms has made provision only for the principles of the framework provisions. Through research and thought in relevant issues, this article seeks to solve some problems, such as the liability of notary agencies and establishment of remedy and security mechanisms.Excluding introduction and conclusion, this thesis is divided into five chapters:Chapter One”the conspectus of notary compensation system”: In notary compensation system, notary agencies and notaries should bear the liability to compensate the loss by their own fault for the parties and interested parties. Notary compensation is civil liability and should be classified to tort and professional liability. This paper defines features in three respects and concludes the basic function in three sorts . Power constraints and right remedies are the theoretical basis of the legal system. Chapter Two”comparative study of notary compensation system in various countries and regions”: In the civil law and common law notary system categories, this thesis selects France, Germany, Britain, the United states and Taiwan of China as the representatives, who have more systematic and sophisticated theories and legal norms. In construction of notary compensation, China should select a more appropriate reference, based on our own socio-economic, culture and the system of notary compensation. Persistence of the principle of fault liability, distinguishing between intentional and negligent act and the establishment of security mechanism are common choices of the various countries and regions.Chapter Three”the problems of notary compensation system”: Beginning with the introduction of its development process and the relevant provisions, this chapter present current problems, identified from three angles covering the notary liability, relief manners and security mechanisms. The elements and sharing approaches of notary compensation liability are not clear, the solution of compensation disputes within the industry of notary has not yet established, proceeding of the civil action needs to be improved. In addition, security mechanism is insufficient.Chapter Four”the proposals for improving the legal system of notary compensation”: Firstly, this chapter identified clearly on the compensation responsibility from the standard of fault, the two forms of fault, causality and the scope of compensation. And then, the chapter determines the responsibilities shared from the perspective of internal and external. Secondly, we can play a notary industry self-regulation and establish verdict process within industry which links with the litigation effectively. Thirdly, analysis on the status of a notary agency, defense reasons, the burden of proof and the effectiveness of the notary documents involved in action. Last but not least, the chapter proposed some suggestions on improvement of the security mechanism。

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