Several Provisions of the Supreme People's Court on the Trial of Relevant Civil Cases Involving Notarization Activities
2018-07-22 1450
- Document Number:No. 27 [2014] 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 [2014] 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 [2014], Supreme People's Court, omitted)
General Office of the Ministry of Justice
June 19, 2014