II-6 Question: Notary system is an important legal system in countries all over the world. How is the development of China's notary system? What are the remaining deficiencies and how to reform and improve the system?

A: After its founding in 1949, the People's Republic of China set up its notary system based on the model of the former Soviet Union. In the 1950s, except for notarization for a limited number of foreign-related cases in line with international practice, China's notary business was stagnant and virtually abolished during the Cultural Revolution (1966-76). It wasn't restored until late 1978 when reform and opening up was initiated. In 1982, China promulgated its first statute on the notary system, the Provisional Regulations on Notarization.

Since 1979, the notary sector has grown rapidly. According to statistics, China now has 3,150 notary agencies, employing 19,000 staff and handling over 10 million notarization cases a year. Their business covers 14 categories of items, including contracts, last wills, inheritance, records of education, identity and matters related to international trade, with notarial deeds sent to over 100 countries and regions.

Nonetheless, compared with developed countries, China's notary system, still in an early stage of development, has a lot to improve. Main deficiencies of the system include the lack of relevant laws and regulations as a legal guarantee, and insufficient public awareness of its importance. Also, the professional quality of notary agencies and workers needs further improvement.

Credibility is the soul of notary work and cornerstone of a notary system. In order to establish a notary system with Chinese characteristics, China adopted the Notarization Law in August 2005, which went into effect on March 1, 2006. The law stipulates that the notarization procedures shall abide by the law and observe the principles of objectivity and impartiality. It defines that as non-profitable institutions, notary agencies shall perform their duties independently according to law and assume civil liabilities independently. It also prescribes the rights, duties and legal liabilities of a notary public. While strengthening the supervision of notary agencies and staff, the law contributes to further improvement of China's notary system in many aspects.

(China.org.cn)