Several Provisions of the Supreme People's Court on the Trial of Relevant Civil Cases Involving Notarization Activities
- Document Number：No. 27  of the General Office of the Ministry of Justice
- Area of Law： Notarization
- Level of Authority： Departmental Regulatory Documents
- Date issued：06-19-2014
- Effective Date：06-19-2014
- Status： Effective
- Issuing Authority： Ministry of Justice
Notice of the General
Office of the Ministry of Justice on Effectively Completing the Work of
Studying and Implementing the Several Provisions of the Supreme People's Court
on the Trial of Relevant Civil Cases Involving Notarization Activities
(No. 27  of the General Office of the Ministry of Justice)
The justice departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; and the Justice Bureau of Xinjiang Production and Construction Corps:
Recently, the Supreme People's Court has developed and issued the Several Provisions of the Supreme People's Court on the Trial of Relevant Civil Cases Involving Notarization Activities (hereinafter referred to as the “Provisions”). To effectively complete the work of studying and implementing this judicial interpretation, you are hereby notified of the relevant issues as follows:
I. Fully understanding the significance of developing and issuing the Provisions
In the “Provisions,” acceptance of litigation, identification of fault, assuming of responsibilities, and other issues of relevant civil cases in the notarization activities are prescribed, the relevant provisions of the Notary Law and other laws are further defined, and the nature of disputes over compensation liabilities for notarization, objection against the validity of the Notarization Certificate, remedy for the disputes over the contents of the Notarization Certificate, standards for identifying fault in notarization practice, way of assuming the liability for compensation by notary institutions, compensation liability of parties for providing false supporting materials, circumstances under which notary institutions are exempted from liabilities, and other contents are specified. After being issued and coming into force, these Provisions have unified and standardized the standards for the application of law, have provided people's courts with principles to be followed for the trial of relevant civil cases involving notarization activities according to the law, and are conducive to directing notary institutions and notaries to carrying out notarization practice activities according to the law and striving to prevent and reduce the risks of notarization practice.
II. Standardizing the notarization practice activities and the notarization management work
The provisions as prescribed in these Provisions on resolving the major problems of the trial of relevant cases involving notarization activities by people's courts are directly related to the notarization practice activities and the notarization management work. The administrative departments of notarization under the justice administrative authorities at all levels, and the notary associations and notary institutions in all localities shall, by taking advantage of the opportunity of these Provisions' issuance and entry into force, further standardize the notarization practice, improve all notarization management rules, and effectively complete the “five further improvements,” i.e. further improving the notarization review and dispute remedy mechanism and appropriately resolving parties' reasonable demands; further improving the rules for handling notary certificates or industry standards and defining the standards for the identification of notarization practice faults; further improving the work rules for notarization management and strengthening the supervision and administration of notarization practice activities; further improving and enhancing the practice concept according to laws and regulations and effectively and diligently performing the duties; and further improving the notarization quality and ensuring that the notarization documents are authentic, lawful, and valid.
III. Effectively completing the work of studying, publicizing, and implementing the Provisions
The justice administrative authorities at all levels and the notary associations in all localities shall seriously organize notaries and notarization managers to study and comprehend the contents of these Provisions, understand and master the spirit of these Provisions, and effectively implement relevant requirements in notarization practice and notarization management. Communication and contact with local people's courts shall be strengthened, cooperation shall be conducted for effectively completing the work of trial of relevant cases involving notarization activities, the problems encountered during the process of implementing these Provisions shall be appropriately resolved, and comprehensive implementation of these Provisions shall be guaranteed. The work of publicity shall be strengthened, parties and interested parties of notarization issues shall be directed to accurately understanding the relevant provisions of these Provisions, interest demands shall be expressed according to the law, and the burden of proof shall be correctly performed.
Annex: Several Provisions of the Supreme People's Court on the Trial of Relevant Civil Cases Involving Notarization Activities (No. 6 , Supreme People's Court, omitted)
General Office of the Ministry of Justice
June 19, 2014