公证效力误区之辨析

Analysis on the Mistaken Ideas in the Effect of Notarization

将公证效力分为证据力、执行力和实体法效力这三大效力是恰当的,应予以坚持。我国奉行实质公证理念,公证书不须质证;公证的执行力对保证人应限制适用,对债权人的约束则是不得起诉,而作为公证执行力的启动环节,执行证书制度在理论和当前实践中都有正当化依据;法定公证和约定公证是某些法律行为的生效要件,我国应在不动产交易中引入公证前置程序,以维护和促进社会信用体系的良性运转。

It is appropriate and should be insisted that the effects of notarization are divided into the evidence potency, executive force and effect of substantial law. Firstly, China holds the idea of substantial notarization, and the notarial certificate does not need cross - examination. Secondly, the executive force of notarization to the guarantor should be confined, while to a creditor it means that he has no fight to sue. In addition, the system of executive certificate, which is the start stage of executive power of notarization, should have justified evidences in theory and practice. As both statutory and promissory notarizations are the conditions of bringing some legal acts into effect, the pre - notarization demand should be introduced into the real estate transactions in China. Only by this way can the healthy function of social credit system be safeguarded and promoted.