The Profession Risk of Notary Public in The People's Republic of China

• Main Authors: Chan, Meng-Lung, 詹孟龍
• Other Authors: Huang, Yang-Shou
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/07526453169807383340

碩士 === 東吳大學 === 法律學系 === 101 === Abstract of Thesis The notary system was originated from Roman Empire period to generate a certification system, with the evolution of the timing, even though the current system is different from the contents of the original notary, the design of notary system made by each modern state also has a little difference, provided that the core of which is not deviated from the contents of notary as being desired to be made of the party concerned and as being heard by the notary public at the time of notarization to “record” the contents of which, and by having through the power authorized by the state to grant the probative force for the contents of the said notarization. Discussion from the generalized viewpoint, the notary business is one of law business, the notary public should hold his/her professionals and ethics rules on the execution of notary business. Because the notarization has potent probative force of “proof of public”, and thus, if the notarization causes defective, except the contents of notarization will be suffered from questioning, it also might have damage of invalid notarization., not only influence the benefit of civil private right, and also influence the formation of the entire social private law, as to the notary public in the execution of business, it is afraid of suffering from administrative punishment and might be responsible for the legal responsibility of civil or criminal law incurred herein, such condition of damage can be deemed as the risk of notary business. With regard to the formation of risk of notary, it can be classified from internal and external. As to the internal, whether the notary public of executing business has substantial professional ability that is basic element of acting as a legal professionals. Except the mentioned above, whether the notary public might be based on private interest or closed relationship with the certain party concerned as being influenced by personal favor, and thus act with discretion in the notary event petitioned by the said party concerned without the necessary review and examination and further cause the poor notarization quality, it also might be the negligence of notary public due to self-confidence and not abide by the legal procedure to complete notarization. As to the external, whether the contents of statement made by the party is true, or the party concerned who is based on realizing his own certain illegal interest., by having through the method of notarization to cover illegal by legal method, which is also one of the factors of formation or notary risk. Today the exchanges of cross-strait is frequent, the implementation on notary system which applies on the exchanges of people of cross-strait is also frequent apparently, the graduate., to act as a practicer of Taiwan notary practice and a researcher of law of China, deems that the study on China notary law has its necessity, currently the notary system adopted by Mainland area even which has a little difference with the traditional Latin notary, however, its system and implementation still adopt the spirit of Latin notary system, which is the same as the design of our notary system is also adopt the spirit of Latin notary. The text proposes to make a general introduction of the notary system, and then shall aim at Mainland notary system and the status possibly be faced by its practicing implementation to make a summary analysis, expects the result obtained that can be helpful to avoid the practicing risk of our notary public in our notary system. Keywords risk of notary、notary、notary public、Latin notary。