| The notarial certification has legal effect both on the court and the parties. The facts in the case under notarial certification have binding forces to the court, which means the court should make decisions on the basis of these facts. At the same time, the party who has provided the notarial certification can be released from the burden of proof. The probative force of the notarial certification is higher than other evidences, because the legal effect of the notarial certification arises from legal presumption. Such presumption is based on following reasons. The notarial office exercises the state notarial functions, and the Notarization Law ensures the authenticity and impartiality of the notarial certification by means of substantive and procedural rules. There are two modes of proof that the notarization can prove the facts of the case, i.e., multi-mode of proof and single-mode of proof. However, the notarial documents in both modes are all one kind of evidence. The evidential property of notarial document is documentary evidence. Actually, it’s a kind of public document and reportorial documentary evidence.The authenticity of the notarial document directly brings the problem whether the civil rights and obligations exist, thus the Civil Procedure Law ought to prescribe that the parties can use civil action to settle the dispute over its authenticity. The matters proved by the notarial certification are immune to cross-examination, except for the authenticity and legality of the notarial document itself, the matters with strong subjectivity, and other matters which is hard to be certificated authentic or legal by the notarization. And last, there are two possible ways to remedy the illegal notarization, i.e., to build up an extraordinary proceeding in the civil procedure law, or to build up a non-judicial proceeding organized and exercised by the Notary Association. |
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