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On the Perfection of the notary system

Author: LiuJuan
Tutor: WangJun
School: University of Foreign Trade and Economic
Course: International Law
Keywords: Notarization Notary Notarization power Liabilities System
CLC: D926.6
Type: Master's thesis
Year: 2005
Downloads: 392
Quote: 2
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Abstract


Notarization is a legal system which was introduced from the Western. Notarization plays a very important role in various social and political systems. However, there is not such a consolidated Notarization Law yet after almost half a century from the introduction of notarization system of New China. Since the end of last century, market economy has been established on a whole scale, and market has become the major means for recourses allocation in China. Confronting the rapid establishment and development of market economy, the notaries of China can not follow the situation to some extent, although they still show positive attitude. Currently, China is in the revolution period of improving judiciary system and socialist legal system. Civil Code, Civil Enforcement Law and Civil Evidence Law are all in the process of legislation. Notarization Law has come out after long time of appealing and draft amendment. The Draft Notarization Law was submitted to the 13th Meeting of Standing Committee of National People’s Congress of China for review on December 26, 2004. To solve the problem, the thesis combines the method of introduction and analysis on a micro scale. The thesis introduces and compares notarization systems of Continental Legal Family, and also adopts other research methods such as combing theory and practice, historical comparison, etc. The author discussed the nature and legal position of notarization, organization and administrative means of notarization, effect of notarization, the legal liabilities, its supervision and other aspects, which have guiding significant meaning for the legislation and reform of notarization. At the end of the thesis, the author also analyzes comprehensively the current situation and outstanding problems in notarization of China, and puts forward some unique opinions regarding the reform and legislation of notarization which is still in process.

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