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Study on Certain Issues of Notarial Rights
Author: TangQingFa
Tutor: ZhangZuo
School: Xiamen University
Course: Legal
Keywords: Notary rights Social power Supervision and control
CLC: D926.6
Type: Master's thesis
Year: 2007
Downloads: 166
Quote: 1
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Abstract
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Over the years, the reform of the notary system faces enormous pressure, combined with academic theory notary system is lagging behind, Notarization Law of the People's Republic of China \positioning these most basic questions answered. These problems are not resolved, a series of questions about the notary system will be difficult to rationalize. This paper tries to study the nature of the right positioning of the notary from the social point of view of state power analysis, and their superficial view of the subject of the right of the notary, content, effectiveness, and supervision and control, in order to improve our notary The benefit of the legal system. Text composed by three parts of the Preface, proper, Conclusion. Zhu Wen is divided into five parts. The first part to reflect on the methodology of academic research on the nature of the notarized rights, pointed out that the approximation with the civil law countries on our notarized power source from the socialization of the state power, that on a notarized rights nature, in addition to the state power and private the powers of the two options, we are also faced with a third option, that the notary the right is a social power. The second part by the analysis of the academics are several views on the nature of a notary public, a notary public that is defined as \The third part of notary right content analyzes Notary fact cognitive principle of truthfulness, Notary fact cognitive standard should be adopted \problems and their solutions. The fourth part discusses the effectiveness of the right of the notary, looking for the source of the effectiveness of the notary right from the social contract theory realized notary Right Effect (notary entitled to credibility) only two fundamental way: First, in accordance with the will of the public and constantly improve Notary legal system; strictly in accordance with the law selection notary, the establishment of a notary public, and to ensure that their notarial services in accordance with the law. Part V by analyzing the the Notary Law under the supervision and control mechanism of many defects, the proposed reform and perfect the mechanism of supervision of China's notary right, focusing on two aspects: First, strengthen the judicial power of the judicial supervision of the notary right The second is to strengthen the oversight of industry associations on Notary right industry.
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