3 Research Reports on the Reform of Notary Public Offices
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Notary reform research report 3 1
The notary system is a preventive judicial proof system. Notary institutions play an important role in preventing and resolving conflicts and disputes, safeguarding the legitimate rights and interests of citizens and legal persons, promoting the smooth development of social and economic development, and governing the province according to law. In recent years, the judicial and administrative departments of our province have been promoting the reform of the notary system. Provincial "two offices" issued "on accelerating the province's notary system reform views (Xiangbanfa [20xx] No. 35), the provincial Department of Justice party group attaches great importance to the special study of the implementation of the views. 20xx October 9, held the province's notary system reform to promote the meeting to further unify the thinking, determine the reform objectives, clear reform direction, tasks and responsibilities, and to promote the implementation of the reform. Reform direction, tasks and responsibilities, press the "fast-forward button" of Hunan notary reform. In order to solicit the judicial administrative system staff and currently engaged in the judicial administration of the notary work on the notary reform system of opinions and suggestions, and promote the province to fully complete the reform of the notary system, July 10, 20xx to 25, the Hunan Provincial Department of Justice released on the Internet on the reform of the notary system of the questionnaire survey on issues related to the results of the specific report is as follows:
First, the survey of the basic Situation
The questionnaire*** has 8 questions. Questions related to the age of the survey participants, gender, occupation, cultural level, the overall evaluation of the annual work of the notary public to carry out and other issues. The results show that *** 65 people participated in the questionnaire, women accounted for 38%, men accounted for 62%; 56% of the people said that the notary income has the potential to be tapped, and 18% said that the notary income has a greater room for growth; 47% of the people said that they are willing to continue to engage in the work of the notary; in the willingness to stay in the post of the personnel, 75% of the people believe that conversion of the system to activate the motivation to improve the level of income; transfer Seventy percent of the personnel because of the stability of staying in the system, 10% because most of their colleagues in the unit to change jobs.
Second, a few suggestions
In response to the above reflections, there are a few suggestions as follows:
1. Properly solve the problem of shortage of notaries after the restructuring. Set a transition period, choose to go back to the authorities of the notary public can continue to serve in the notary public office for two to three years to ensure business continuity, training and guidance of the new notary public. Implementing the trusteeship of notaries, whereby those notaries who are doing well can trust the notaries who are experiencing difficulties after the reform. Notaries with a strong work force may, upon approval, set up cross-regional offices, branches or cooperative notary offices. To strengthen the exchange of personnel and mutual assistance, the director and deputy director of the notary public office can be selected and assigned to the reformed notary public office to guide and participate in the work of the newly reformed notary public office can send notaries to the notary public office in developed places to learn and receive training.
2. Strengthen the management of state-owned assets and effectively integrate state-owned assets and resources. Notary public from the administrative system to the business system, the state-owned assets inventory, are using the assets continue to be assigned to the use of the notary public, the notary public does not need can be returned to the judicial administrative organs. The funds withdrawn according to the policy of 'development, welfare, housing, medical care, old age, unemployment, etc. are all assigned to the notary office, and those belonging to individuals as stipulated in the policy shall be assigned to the notary's personal ownership.
3. After the restructuring of the notary public office, the implementation of the full appointment system. The director and deputy director shall be appointed by the judicial administrative organs at the same level on the basis of merit from among the serving notaries. Other personnel of the notary public office by the collective study of the leadership of the notary public office, appointed by the director.
4, personnel, preparation, finance, labor security, taxation and other departments to actively support the notary reform. The financial and tax departments should give appropriate policy concessions to the restructured and newly built notary public offices to ensure that the restructured and newly built notary public offices can operate normally. Notary public offices that have been transformed into public institutions shall implement the budgetary management system for public institutions, and their financial quotas or subsidy standards shall be determined in accordance with the notary public's income and expenditure situation, the relevant national financial policies and the financial strength of each region. Specific measures shall be formulated by the financial departments and judicial administrative departments at all levels. Notary public offices that have been converted into public institutions shall have their original administrative establishment taken back to the judicial administrative organs. The notary public, who is not willing to stay in the notary public office after the restructuring, shall be arranged to work by the judicial administrative organs at the same level according to the relevant policies of the reform of administrative organs, and may apply for retirement if they meet the conditions for retirement, and shall be subject to the retirement formalities by the judicial administrative organs at the same level.
5, the notary public to implement professional and technical positions appointment system. They shall be managed in accordance with the national management methods for professional and technical personnel, and shall be subject to the salary standards of the institutions and enjoy corresponding treatment.
Notary reform research report 3 2
Notarization is a legally established notary institution based on the application of natural persons, legal persons or other organizations, in accordance with the legal procedures of civil legal acts, facts of legal significance and the authenticity of the instrument to be certified by the legitimacy of the activity. The notary system is an important part of China's socialist legal system, is a judicial proof system based on the concept of prevention, with service, communication, proof, supervision and other functions, in the maintenance and realization of the people's personal and property rights and interests, to protect the security of transactions in civil and commercial activities, to maintain the order of the market economy, and to promote the civil and economic activities in accordance with the law, effective and efficient and so on, has a unique functional advantage and an important role.
The Party and the government of our country have always attached great importance to the work of notarization. 1982, the State Council promulgated the Provisional Regulations on Notarization, which provided a legal basis for the establishment and development of notarization system in China. 20xx, the State Council approved the "Program on Deepening the Reform of Notarization Work", which put forward the establishment of a notarization system of Chinese characteristics in line with the socialist market economic system, and made the direction of notarization reform clear. In 20xx, the Standing Committee of the 10th National People's Congress passed the Notary Public Law, which clearly stipulates that notary publics are proof institutions established in accordance with the law, which do not aim at profit-making, and independently exercise notary public functions and bear civil liabilities in accordance with the law. The promulgation of the Notary Law provides a strong legal guarantee for the further development of the notary system.
With the continuous development of notary public, the organization and management of notary public institutions have developed from a single administrative system to a variety of forms of administrative system, business system and cooperative system***, and notary public industry organizations have been established: China Notary Public Association and local notary public associations.
The notary public under the administrative system is a civil servant, and the organization, personnel, and economy of the notary public are completely controlled by the judicial and administrative organs; the business income of the notary public institutions is all paid to the treasury, and the notary public's personal income does not differ from that of the general civil servants.
The career system of notary public, including financial full-funded notary public, financial differential funding notary public and self-supporting notary public and other three types. In this system, notaries no longer have civil servant status, notaries in the organization, personnel, economic and other aspects have a certain degree of autonomy. The income of the notary public is no longer the same as that of a civil servant, but is closely related to the business income of the notary public office, in addition to the type of full funding.
At present, all of our notary public organizations in Qinghai Province belong to the administrative system or full-funded business system. The reason for this, there are mainly a few of the following two points: First, the economic aspects of the reason. Notary public in accordance with the provisions of the law is able to charge a certain amount of service fees, our province belongs to the economically backward provinces, notary publics are subordinate to the local judicial and administrative organs, to a certain extent, through the notary public fees to alleviate the problem of tight office funds. Secondly, the law lacks clear provisions on the system of notary public offices. As a result, the management system of notary offices varies from place to place according to their actual situation. For the same reason, at present, the city's notary public now all take the administrative management system, the notary public office has completely become the judicial bureau at all levels of an internal department, from a certain point of view has also become the judicial bureau of the self-retention of the notary public, it is difficult to effectively mobilize notary public staff enthusiasm, restricting the notary public cause of the healthy development of the notary public.
Because the city's notary public is subordinate to all levels of the Judicial Bureau, the Judicial Bureau from the income of the notary public institutions to obtain a large number of economic interests, leading directly to the Judicial Bureau of the notary public in the supervision of the phenomenon of lack of position and lack of power, the notary public violates the professional ethics and discipline of the investigation and handling of the case can not be strictly impartial, affecting the impartiality of the enforcement of the law, resulting in the notary public is not fair, the government has lost confidence in a series of problems. The government has not been able to do anything about it, and the government has not been able to do anything about it.
At present, many provinces and cities in our country have embarked on the institutional reform of the notary public. Based on the above reasons, I think the city's notary public should also immediately start research, the notary public and judicial administrative organs completely separate, the establishment of human, financial and material independence of the first level of legal person, the judicial administrative organs will only undertake the supervision and management of the notary public, so as to change the previous people to supervise the situation of their own people, and to fully mobilize the notary public staff's enthusiasm, and also better to promote the notary public's work of the healthy development, make it give full play to its role in safeguarding the notarial work, and make it a good example. In addition, the notarial work will be better promoted, so that it can give full play to its due role in maintaining social peace, harmony and stability.
Notary reform research report 3 3June 9, the provincial Department of Justice, deputy secretary of the party committee, deputy director Li Yuntao in-depth Taiyuan City, Chengnan notary public office for work research. The Office of Public *** legal services management office, Taiyuan City Bureau of Justice, accompanied by the main responsible comrades research.
Li Yuntao, deputy director and his entourage visited the party building activity room of the notary office, the hall, the notary probate center and the family service center, checked the notary case file information, detailed understanding of the notary's main business areas and the process of the notary, and talked with the staff cordially.
Chen Xiufeng, Director of Taiyuan Chengnan Notary Office, introduced the historical development of the office, party construction, institutional construction and team development, notary business expansion and convenience services, and focused on the overall conversion of the office into a cooperative notary public office in preparation for the pilot work. Mr. Zhang Tong, Director of Taiyuan Municipal Bureau of Justice, made an exchange speech on the overall situation of notary work in Taiyuan and the promotion of the overall conversion work of two notary organizations in Chengbei and Chengnan. Participants also made in-depth exchanges and discussions on the impact of the promulgation of the Civil Code on the notary industry.
Li Yuntao, deputy director of the notary public industry in Taiyuan City, fully affirmed the contribution of the notary public industry in preventing and resolving social conflicts and disputes, and serving the construction of a society based on the rule of law, and put forward the requirements for the deepening of notary public system reform in Taiyuan City in the next step. He pointed out that the judicial administrative departments and the notary industry should further improve their political position, thoroughly implement the overall requirements of the provincial party committee "four for four high and two synchronization", firmly establish the ideology of "only reform is the way out", be courageous and innovative, and unswervingly put the notary institution institutional reform mechanism and innovation into practice. He emphasized that the institutional reform of notary institutions is a comprehensive reform, and that the notary cause will win the initiative in the new round of development opportunities. He emphasized that the institutional reform is a comprehensive systematic project, touching the surface of the large, high social concern, more test managers of wisdom, notary management should have ideas, have a way, for the restructuring process of the public reflected in the problem to be treated seriously, give full consideration to the demands of various groups, and constantly cohesion reform *** knowledge, to ensure that the reform of the "hoof step steadily! ". He asked that Taiyuan City should give full play to the role of the provincial capital city demonstration, accelerate the pace of reform, develop a "battle plan", a clear timetable, roadmap, and actively coordinate to solve the difficulties and problems encountered in the reform, to ensure the successful completion of the conversion work to the Office of the party committee and the people to hand over a satisfactory answer for the province to promote the reform of the notary system can provide a reference for the notary system, provide a good example for the province to promote the reform of the notary system. Notary system reform to provide reference and replicable experience.
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