Research on China's Notarization System Reform and International Comparisons

Author: Wang Gongyi et al.
Publisher:
Publish Date: 2006-12-01
Features: The notarization system in modern China was introduced from the West in the early years of the Republic of China. The "Provisional Regulations on Notarization" were promulgated in 1935, and the "Notarization Law" in 1943. To date, it has a history of less than a century. Although the "Notarization Law of the People's Republic of China" was enacted in 2005, it has not yet been fully integrated into the existing legal system. The "Xi'an Lottery Incident" had a profound impact on the notarization industry, creating lasting doubts and its negative consequences cannot be underestimated. Therefore, it is necessary to conduct in-depth research and discussions on how to establish a notarization system suitable for China's context from theoretical, practical, historical, and realistic perspectives, contributing to the construction and development of a distinctive Chinese notarization system. All civil and commercial substantive laws enacted in our country so far have stipulations on mandatory notarization. Learning from the legislative experience of notarization systems in foreign countries, particularly civil law jurisdictions, while drawing on the practical experience of local legislation in China, it is necessary for national legislation to explicitly define mandatory notarization matters, providing a solid foundation for stabilizing the notarization system and ensuring that the notarization legal system contributes to the construction of a harmonious society.