| Summary: | 碩士 === 國立暨南國際大學 === 公共行政與政策學系 === 94 === Title of Thesis：On The Retention and Abolishment of Personal Seal
Certificate in Taiwan
Name of Institute：Department of Public Policy and Administration of college of Humanities of National Chi Nan University Pages：192
Graduation Time：01/2006 Degree Conferred：Master of Public Administration
Student Name：Yu-Hsing Wang Advisor Name：Dr. Yu-Chun, Li
Abstract：
In Taiwan, personal seal certificates have been adopted since the Japanese occupation, and they vary in terms of functions. Registrations regarding people’s property, such as real estate transferring, opening an account and law court notarizing, all rely on personal seal certificates for identity conformation and interested parties’ will in consideration of security. Recently, rapid economic growth enables prosperity in real estate which already becomes people’s important property. Many lawless people take advantage of modern technology to counterfeit seals for certificates, and use them to register property rights which violates people’s property right greatly. In addition, the Taiwanese’s literacy has been increased due to popular education. People are generally capable of signing and applying for legal papers, which makes seals to play a minor role in terms of identify conformation. Moreover, the requirement for the certificates increases workloads on civil affair bureaus greatly, and severely wastes social resources, for which abolishing personal seal certificate has been advocated in order to ameliorate the situation.
Nevertheless, people and land administrations are used to having personal seal certificates issued by civil affair bureaus. If the certificates are abolished, adverse impact will be inflicted upon people and administrations, for which land administrations congregated to discuss and develop replacement policies many times. However, the replacement policies were not well-accepted by people; thus, the ministry of interior affairs decided to put personal seal certificates into practice in the conference in May, 2003, and postpone the abolishment expected to take effect on July 1st, 2003.
Based on the above controversial issues regarding personal seal certificates, the article will discuss the history of personal seal certificates, relevant regulations and legal functions as well as effects. Analyses are undertaken in the perspectives of people’s life and land registration business. On one hand, different viewpoints regarding the retention as well as the abolishment of personal seal certificates are explored. Like Taiwan, personal seal certificates are also adopted in Japan and Korea whose systems are compared and analyzed in the article. Eventually, an emphasis is laid on the further analyses of and discussions on the possible impacts of the retention and abolishment of personal seal certificates and replacement policies.
Results show that disadvantages result from the present personal seal certificate system can be ameliorated by means of improved issue procedure and anti-forgery design. There is no need in abolishing the system. Suggestions and results are provided to administrative organizations for making relevant decisions and amending relevant regulations in the future.
Key words：identity conformation, personal seal certificate, civil affair bureau, personal seal certificate replacement policy, land registration business, real estate attorney authentication, notarizing, certification, represent, commission, interested parties’ true will, Japanese Personal Seal Certificate System, Korean Personal Seal Certificate System
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