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Is the notary office a private unit?
Notary offices should be made public. The notary office is a certification institution established according to law, which is not for profit, independently exercises the notarization function and bears civil liability according to law. According to the relevant provisions of the "Proposal on Deepening the Reform of Notarization" issued by the General Office of the State Council, the notary office should become a public welfare and non-profit legal person that performs the national notarization function, independently conducts business, independently assumes responsibilities, and operates in accordance with market rules and self-discipline mechanism.
The notary office was originally a department under the judicial administrative department, and its nature is a part of the judicial administrative unit. Notarization business belongs to judicial administrative business, and notaries belong to judicial administrative staff and are national civil servants. The establishment, personnel and funds of their units are compiled by the state administrative organs.
Before 1979, China's notarization system was basically paralyzed, and gradually recovered after 1979. Since the restoration of notarization system, notarization has made great progress and played a certain role in economic construction, social life and foreign exchange. With the rapid development of China's socialist market economy and the increasing social and economic activities, the original notarization system or system can no longer meet the requirements of the rapidly developing social and economic situation, and the reform of notarization management system is imperative.
In August 2005, the Notary Law of People's Republic of China (PRC) was promulgated and implemented, and was revised for the second time on 20 17. Notarization law is the first law to standardize notarization in China, and it is an important part of China's judicial system reform, just like judge law and prosecutor law. It has laid a legal foundation for notarization institutions to carry out notarization business, and standardized the establishment of notarization institutions, the professional qualifications and quality requirements of notaries.
According to the Notary Law and the Provisions of the Ministry of Justice on Deepening the Reform Plan of Notary Work, the notary office of the existing administrative system should be changed into a public institution as soon as possible. After the reform, the notary office should become a public welfare, non-profit enterprise legal person who performs the national notarization function, independently conducts business, independently assumes responsibilities, and operates according to market rules and self-discipline mechanism. After the reform, the notary office no longer belongs to the administrative unit, but to the institution managed by the judicial administrative department, and the employees no longer belong to the civil servants, but to the staff of the institution.
According to the provisions of Article 11 of the Notary Law of People's Republic of China (PRC), the notary office shall handle the following notarization matters upon the application of natural persons, legal persons or other organizations:
(1) Contract;
(2) inheritance;
(3) entrustment, declaration, gift and will;
(4) division of property;
(5) Bidding and auction;
(6) Marital status, kinship and adoption;
(seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record;
(8) Articles of association;
(9) Preserving evidence;
(ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original;
(eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations.
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