1970-01-01 08:33:29
(1)Notary system of our country in 1930s to 1940 On July 30, 1935,the government of Republic of China promulgated Interim Rules for Notarization for the first time. Later,on February 14, 1936, Rules for the Implementation of Interim Rules for Notarization was promulgated. Although the Rules specifically stipulated dozens of the relevant issues of notarization,also stipulated how to implement the Rules,the Rules had not been really widespread implemented,except for trial implementation in the area under the capital local court's jurisdiction. On March 31, 1943,Kuomingdang government promulgated[notarization law]. Rules for the Implementation of Notarization Law was promulgated on December 25 of the same year. The Notarization Law consists of 5 chapters and 67 articles altogether. It clearly stipulated a lot of content such as notary department, notary's qualification, qualification of notarial assistants, notarial affairs(juristic act, facts of private rights), formalities of applying for notarization, mutatis mutandis of provisions for withdrawal, essential elements of effectiveness of notarial documents, making of notarial documents, authentication of private certificate, notarial fee etc. More detailed contents are further stipulated in the 9 chapters and 57 articles of Rules for the Implementation of Notarization Law. However ,during the warring periods, the vast mass in extreme misery could not take the advantage of Kuomingdang's[notarization law] to make material benefits. Kuomingdang's notaries served for the establishment and consolidation of property rights of landlord and bourgeoisie,and aimed to maintain the status of ruling class. During the period of war of liberation,according to the actual needs and request of vast mass , especially the request of aliens, overseas Chinese and dependents of overseas Chinese, notary organizations were gradually set up in the people's court in Harbin, Shenyang, Shijiazhuang, Shanghai and other relevant cities of liberation area, and necessary business service had been done as well. For example, notarial certifications had been made for marriage, divorce, adoption of children, contract documents, conducting power of attorney etc. These notary business played an important role in emancipating the oppressed women,abolishing feudal marital system,setting up new equal and free marital relationship,establishing new close - knit family, protecting the lawful interests of women and children,and safeguarding the lawful property interests of citizens.
(2)establishment and development of new China's notary system During the early days from the founding of the People's Republic of China, Interim Regulations on Organization of the People's Court of the People's Republic of China promulgated in 12th meeting of the committee of the Central People Government on September 3, 1951, stipulate:"notarization and other non-litigation matters governed by other laws and orders",are under the jurisdiction of the people's court at the county level, central level and municipal level of big administrative district. At same time, Beijing Municipal Interim Measures of notarization of the people's court and Measures of Central-south District Trial Implementation were promulgated for Trial Implementation. From then on, notary organizations were gradually set up in large or middle sized cities and parts of counties, and relevant notary business were thus conducted as well,the personal and property rights and interests of the public and citizens had got effectively protected .After the establishment of the People's Republic of China, during the period of restoration of state economy and the 1st 5-year plan, the main task of notarization was to serve the economic construction, notarization confined in different kinds of economic contracts such as sales, purchase order, selling goods on a commission basis, processing contracts between state organs, state-operating enterprise and private-owned industrial and commercial businesses in order for them to be fulfilled. In April, 1955, Comrade Dong Biwu indicated in his speech in a national delegates meeting of the Party:"Signing contracts is a kind of act of agreement,it needs law for protection. Our country must set up notary offices to notarize those contracts so that there will exist fewer or no mistakes in contract."He also added:"I hoped more notary offices will gradually be set up,and the scope of notary work should also be gradually extended."From April 25th to May 9th of 1955, the fist national meeting on notary work was held by ministry of justice to have fixed on emphasis of notary work,clearly defined the task of notary work,discussed the existing problems,deployed the work in future .On January 31, 1956, ministry of justice pointed in Circular Concerning the Question of Scope of Notary Business:notary work "should energetically strengthen and conduct the notary business with respect to the citizen's right-obligation relationship".Therefore,notary work universally strengthened to notarize testament, succession, adoption of children, purchase ?} sale and leasing of house, power of attorney , kinship relationship , missing, death and other certificate businesses. It is stipulated that notary offices should be set up in a city with a population of over 300,000 people;Attached notary sections may be set up in the people's court of county with a population of below 300,000 people and with more dependents of overseas Chinese. By the end of 1957, notary offices had been set up in 52 cities in the whole country,notary sections had been set up in the people's court of county in more 500 counties, there had been more than 900 full-time notary officers altogether. In 1957, nearly 300,000 notary businesses were conducted in the whole country. This is the prosperous period of notary business of our country, and it played an important role in the legal construction.
(3)Period of weakening and closing down of notary work Due to the influence of extreme radical thoughts in 1958, in 1959 the judicial and administrative organs were dissolved in the whole country, then notary offices everywhere were also cancelled. Except that the people's court in very few large cities necessarily conducted notary business only for a small quantity of the documents used outside China according to the requirement of international usages and international intercourses, most of other notary businesses were in standstill. During the "10-year-turmoil" period , notary system was regarded as "system of revisionism";conducting notarization of citizen's property was regarded as enlarging power of bourgeoisie and beating gongs to clear the way for the recovery of capitalist,conducting notarization with foreign elements was regarded opening the convenient door for foreign countries, so that the overseas Chinese studying and working abroad dare not apply for notarization, the domestic dependents and relatives or friends of overseas Chinese dare not conduct this certificate as their agents for being afraid of be involved in a criminal. So the lawful property rights outside China and some public foreign exchanges could not be protected, causing unnecessary losses to the stats, collectives and individuals.
(4)Resumption and development of notary work Since the 3rd Meeting of All Staff of 11th Congress of the Party in 1978, great changes took place in our country's international relationship, international economic intercourses have been increasingly developing, which leads to the attendant rapid growth of notary business with foreign elements. Only in January, 1979, according to the statistics of 22 provinces, autonomous regions and municipalities directly under the Central Government such as Beijing, Shanghai, Tianjin, Fujian, Jiangsu, Liaoning, Xingjiang etc, nearly 150,000 pieces of notarial documents with foreign elements were made, about 15 times the of the year of 1977.Circular Concerning the Gradual Resumption of Domestic Notary Business promulgated by ministry of justice on February 15,1980 pointed out:"Mass shall be granted whatever is requested properly."Circular Concerning the Problem of Setting and Managerial System of Notary Offices promulgated by ministry of justice on March 5, 1980 stipulated:"Notary office shall be set up in municipalities directly under the Central Government, municipalities and counties under the provincial government,in the municipalities and counties where notary offices are not set up right away, notaries(or judges being concurrently notaries) are set up in the basic people's court of the place to conduct notary business;notary offices are led by judicial and administrative organs."From September 19 to September 25,1980, a national symposium on notary work was held to discuss and deploy the nature, task, principle and procedure of notary work,clearly define how to restore, develop and perfect notary organization in order to further legalize, systematize and standardize our country's notary work. Interim Regulations on notarization of the People's Republic of China formally promulgated by the State Council on April 13, 1982 and effective as of the date of promulgation. Interim Regulations on notarization gave a systematic and complete stipulation with respect to the nature, task, principle, system, scope of business, organization and leadership and jurisdiction, procedure, etc of notarization. This is a great event in our country's socialist legal system, symbolizing a new stage for the development of notary work of our country. For the benefit of the implement of Interim Regulations on notarization, Measures concerning the Trial Implementation of Conducting Several Main Notary Acts was promulgated by ministry of justice on March 13,1982. It universally deploys the legal basis and procedure of notarization of succession, testament, adoption of children, power of attorney, economic contract, etc notarization. After several years' practice of notarization,drawing upon the practical experience, Notary procedural Rules(for Trial Implementation) was promulgated by ministry of justice on December 4, 1986, the Rules consist of 12 chapters and 63 articles altogether. The original Rules for the Implementation was fundamentally amended,four basic principles, special procedures, reconsideration procedure and other important contents were newly added in . At the same time, a series of supporting documents such as Format of Notarial Documents, Format of Documents Used inside the Notary Offices and Charging Standard and Measures for the Control of notarial fee, etc were promulgated to have made notary work step on a standardized trail.
In the past nearly 10 years, notary work in countryside,in order to practically carry out principles of equality and mutual benefit, negotiation and agreement, making compensation for equal value, honesty and credibility, notarizations of professional contracts such as producing, supplying and selling between different kinds of professional individuals, leaseholding households, joint organizations, economic associations and township business are mostly and emphatically conducted .Through notarial certification,morale are stabilized, agricultural production responsibility system gets consolidated and developed,enthusiasm of production of the vast peasants are manoeuvred. Recently ,under the direction of the guideline of reform , openness and activeness,according to the requirement of international intercourse,notarizations with foreign elements chiefly focus on the certification businesses such as notarizations of power of attorney, authorization documents , declaration documents, memorandum of agreement, guaranty documents, identification card, certification of labour insurance, business license, certification of reciprocity, claim for compensation outside the state where it is made, bidding for trademark rights, bidding, drawing lotteries, auction, etc. Through these notarization,political and economic intercourse between China and different countries in the world are promoted,China's credit and reputation is heightened, lawful interests of state, collectives and citizens are protected. Due to the development of social economy, the increasing soundness and perfection of the socialist legal system since the overall restoration of notary system in1980s,not only the notary career gets rapidly developed, but also the functions of notarization have been correctly , proficiently and adequately played. By the end of 1990, 1921notary offices have been set up in the whole country,the number of notaries arrived at 15,786. In 1990,6360000 pieces of notarial affairs were conducted in the whole country,more than 40 times those in 1980.It played an important role which it should exert in the promotion of the implementation and development of reform and openness policies,maintenance of order of socialist commodity economy,the efficient protection of lawful rights and interests of citizens,legal persons and other organizations,prevention of disputes,avoiding of the occurring of illegal conducts,reduction of litigation.