论文部分内容阅读
2003年初,中国青年报刊登了一篇题为《僧多粥少竞争激烈假证错证啥证都有公证处在市场中迷失》的文章,列举了公证处之间进行不正当竞争的种种情形。经过这些年来的公证体制改革。公证行业有了长足的发展。一方面。一大批公证处从行政体制改制成“自主开展业务、独立承担责任、按市场化规律和自律机制运行的公益性、非营利性的事业法人”(摘自《关于深化公证工作改革的方案》),还有少数公证处一步到位改制成合作制的公证处。以浙江省为例。全省97家公证处已有78家完成体制改革工作,占总数的80%。但是,这些年公证行业也的确出现了一些不正当竞争问题,作为公证队伍中的一员,笔者觉得有必要对公证竞争的问题作一些剖析,以便和同行们共同探讨。一、公证处为什么不能恶性竞争根据市场经济的理论,市场竞争主要有三种手段:价格竞
In early 2003, China Youth Daily published an essay entitled “Systematic Competition with Profound False False Evidences and All Notarized Publications in the Market”, citing various situations of unfair competition between notary offices. After these years of notary system reform. Notary industry has made great progress. on the one hand. A large number of notary offices have been transformed from the administrative system into a system of “public-benefit and non-profit-making corporations that run their businesses independently, run their responsibilities on the basis of market-based laws and self-regulatory mechanisms” (from “Plan for Deepening Notarization Work Reform” ), There are a few notary offices in one step restructuring into a notary office of cooperation. Take Zhejiang Province for Example. 78 of the 97 notarial offices in the province have completed the system reform work, accounting for 80% of the total. However, some unfair competition issues have indeed appeared in the notarial industries in these years. As a member of the notary public’s office, I think it is necessary to make some analysis on the issue of notarized competition in order to discuss with colleagues. First, why the notary office should not be vicious competition According to the theory of market economy, there are mainly three kinds of market competition: price competition