公证赔偿实证分析-民商法学专业论文.docx

本文的新颖之处在于依据实践中的热点问题立论，在论述中比较分析了 西方两大公证法律制度的性质，对于构建相对完备的公证赔偿制度也提出 了看法，以期对学界和业界能有所裨益。 关键词：公证赔偿 法律责任 法律要件 保障机制 Abstract The promulgation and enforcement of “Notarization Law of the Peoples Republic of China” (referred to as China Notarization Law hereafter) on March 1, 2006 has promoted development of China’s notarial undertaking. In the course of this rapid development, litigations on notarial compensation well up and the number of litigations related to a fake or mistaken has been on the rise in recent years. Furthermore, evasion of defining notarization quality in “China Notarization Law” leads to divergences in people’s understanding, while study on notarial compensation in the theoretical circle is still at a starting point. All these add difficulties to our judging practice. Therefore, it is of practical significance for us to make further study on and research in notarial compensation so as to clarify dissensions, benefit notarization dispute settlement and make development of our notarial undertaking sound. In this dissertation, an argument on quality, requirement and improvement of notarial compensation will be developed around a case between Bank A, citizen Li and Notarization Office B on a loan agreement and related compensation responsibilities. The dissertation consists of three parts with 180,000 characters. In Part I, the author tries to define quality of a notarial compensation. A comparison is made between national compensation responsibility, civil liability and intermediary liability, the three opinions on quality of compensation made by Notarization Office B. Dispute focuses on quality of notarization and the notarial agency. Fuse for disputes is the notarial system reform and the resulted changes to notarization agency quality. Divergences on notarial quality rise from differences between Latin and British-American notarial systems. By comparing with foreign notarial compensation liabilities, the author concludes that compensation made by Notarizat