1, service protection function. Notary institutions are the first legal department to participate in social and civil economic activities and provide legal services and legal protection for citizens and legal persons. Through notarization activities, they help and guide citizens and legal persons to establish and change their legal acts according to law, balance the relationship between the parties, eliminate potential disputes and untrue and illegal factors, and promote the performance of legal acts. For example, the performance rate of notarized contracts is above 98%, while the performance rate of contracts without notarization is only about 70%. Notary agencies also feed back a lot of information and problems found in law enforcement to the legislature, administrative departments, enterprises and citizens in the form of legal opinions, and bring social management and business activities into the legal track, which promotes the development and improvement of the socialist legal system;
2. Notarization prevention function. Notarization is a preventive judicial proof system, which has the functions of preventing slight delay, improving legal behavior, preventing disputes, reducing litigation, promoting economic stability and social stability and unity, and is the first line of defense of socialist legal system. Legal acts and documents of legal significance are notarized by notary agencies, which helps to eliminate potential disputes. Promote the parties to perform according to law, and achieve the purpose of preventing disputes and reducing litigation. For example, the notarization of homestead in Heze, Shandong Province has reduced 20% of rural civil disputes, protected the legitimate rights and interests of individuals and collectives, and promoted social stability and local economic development;
3. Supervision and guarantee functions. Notary institutions are national judicial authentication institutions. Through notarization activities, we can ensure the correct implementation of national laws and the party's principles and policies, stop illegal activities, help citizens and legal persons solve legal problems encountered in economic and civil activities, educate citizens to abide by national laws, protect national interests and the legitimate rights and interests of citizens and legal persons, and promote the development of reform, opening up and economic construction. Only 1997, the notary stopped 18893 illegal acts and avoided economic losses of 27.68 billion yuan for the state, enterprises and citizens. Notary agencies also directly participate in the on-site supervision of bidding, auction, lottery, lottery, selection and other activities to ensure that these activities are carried out in strict accordance with the law, prevent fraud in private consultations, and protect the legitimate rights and interests of the majority of participants;
4. Communication and media functions. In economic and civil exchanges, the notary office is in the position of a third party and has no direct interest with the parties. Notarial certificate has the characteristics of authenticity and legality, and is not affected by personnel, language, region and administrative affiliation. It is a reliable legal document at home and abroad, and an important tool and medium for civil and economic subjects to enhance mutual understanding, eliminate obstacles and barriers, and build mutual trust. Through the cooperation and exchange between regional and international notary organizations, it is of great significance to introduce foreign capital and develop horizontal economic relations. With the increasing foreign economic exchanges, notarization will play a more important role in promoting the implementation of China's opening-up policy and protecting the interests of our people and the people of the world.
The notarization process of the notary office is as follows:
1. Fill in the notarization application form. Fill in the corresponding notarization application form with pen according to your own application requirements;
2. Submit supporting materials. The specific materials include the identity card, the original household registration book and the proof of relatives submitted by the legal heir to the notary office. The certificate of relatives consists of the decedent's spouse, children and parents, which can be issued by the police station where the decedent's household registration is located, or by the village (neighborhood) committee, and signed and sealed by the township (town) people's government (original);
3. Wait for a fair result. All notarization acts have the effect of evidence. Any legal acts, documents and facts with legal significance are notarized, and the state proves their authenticity and legitimacy, which produces legal evidence effect. In the trial of a case, the documents involved in the collection and investigation of evidence, and the documents have also been notarized, shall confirm their validity and can directly obtain evidence. However, unless there is enough evidence to the contrary to overturn the notarial certificate.
To sum up, the parties concerned should actively cooperate with the examination work of the notary office, accept inquiries, and sign after making a record. If the parties are really unable to sign, they may affix their seals or fingerprints. If the notary office believes that the evidence provided by the parties is incomplete or in doubt, it shall notify the parties to make necessary supplements or obtain relevant certification materials from relevant units and individuals, and has the right to conduct on-the-spot investigations.
Legal basis:
Article 27 of the Notary Law of People's Republic of China (PRC)
The parties applying for notarization shall truthfully explain the relevant information about the matters applying for notarization to the notarization institution, and provide authentic, legal and sufficient proof materials; If the supporting materials provided are not sufficient, the notary office may request to supplement them. After accepting the application for notarization, the notarization institution shall inform the parties of the legal significance and possible legal consequences of the application for notarization, and record the contents of the notification.