论文部分内容阅读
【引言】近几年,公证申诉案件大量增加。随着公证体制改革,公证处不再是独立的行政诉讼主体。对申办、撤销公证书的纠纷则由当事人向公证处或同级司法局提出申诉。待司法局做出行政决定后才能走向司法程序。特别是2002年司法部的《公证程序规则》从8月1日生效后,公证申诉案的解决方式发生了质的变化,公证处已不是独立的行政诉讼主体,转由同级司法局做出决定,使司法局成为因公证纠纷而产生的行政诉讼的被告主体。司法局成为行政诉讼的被告以后.通过几起申诉案的实践,笔者感觉最棘手的问题就是当事人及利害关系人的界定。
【Introduction】 In recent years, a large increase in notarized appeals. With the notary system reform, the notary office is no longer an independent body of administrative litigation. Disputes over the bidding and revocation of notarial certificates shall be submitted by the parties to the notary public or the judicial bureau of the same level. It is not until judicial offices make administrative decisions that they can go to judicial proceedings. In particular, after the Justice Department’s notarial rules came into force on August 1 in 2002, there has been a qualitative change in the solution to the notarized appeal case. The notary office is no longer an independent administrative litigation body and is transferred to the judicial bureau of the same level Decided that the Bureau of Justice should become the subject of the administrative lawsuit resulting from the notary dispute. After the Justice Bureau became the defendant in administrative litigation, through the practice of several appeals, the author felt that the most intractable problem was the definition of parties and interested parties.