2014年第2号法关于公证员职位与公证员职责保密相关的司法审查

Yempi Yempi
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引用次数: 0

摘要

对公证员涉及保密的保护,特别是在执法过程中,一直未能得到有效的实现,这是因为对公证员在执法过程中披露自己的秘密没有真正的保护制度。本文采用经验法学方法。根据已有的研究结果,可以发现,公证员根据《公证员职务法》对公证员职责保密的限制在于公证员必须对与其职务有关的内容保密。公证人有义务对契约的内容保密,甚至有义务对从准备契约到完成起草契约的所有资料保密,如果他在案件中成为证人,他可以行使辞去证人的权利。然而,在执法过程中经常发生的情况是,公证员被要求通过披露其所做契约的机密性来协助证明,可能会被起诉并受到民事方面的法律制裁,即违法行为或刑事行为。因此,有必要对公证员为执法而披露其所作契约的保密性做更多的现实法律保护。公证人如被要求披露其所作契约的机密性,以协助提供证明,可能会被起诉,并可能受到民事方面的法律制裁,即违反法律或刑事方面的制裁。因此,有必要对公证员为执法而披露其所作契约的保密性做更多的现实法律保护。公证人如被要求披露其所作契约的机密性,以协助提供证明,可能会被起诉,并可能受到民事方面的法律制裁,即违反法律或刑事方面的制裁。因此,有必要对公证员为执法而披露其所作契约的保密性做更多的现实法律保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties
Protection of notaries related to confidentiality, especially in the law enforcement process, has not been able to be realized effectively, this is because there is no real protection system for notaries who disclose their secrets in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep confidential what is related to their position. The notary is obliged to keep the contents of the deed secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drafting of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.
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