有关公证责任保密的法律分析

D. Djunaedi
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引用次数: 1

摘要

公证相关的保密性保护,特别是在执法过程中,一直未能有效落实。这是因为,对于在执法过程中公开权利秘密的公证人,没有真正的保护制度。本文采用经验法学方法。从已有的研究结果来看,根据《公证员职务法》,公证员对公证员职责保密的限制在于公证员必须保守与其职务相关的秘密。公证人有义务对行为的内容保密,甚至公证人也有义务对从准备契约到完成起草契约的所有信息保密,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,即违法行为或刑事原因。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现实的法律保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Analysis Related To Confidentiality Of Notary Liability
Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights 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 secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up 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 for criminal reasons. Therefore, 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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