诉源治理目标下公证制度的优势、障碍与出路

Advantages, Obstacles and Way Out of the Notary SystemUnder the Goal of Litigation Source Governance

诉源治理是当前我国司法体制改革与社会治理的重要任务。公证制度的预防性、法定性、社会性与复合性契合诉源治理的实践需求,且相较于其他非诉纠纷解决机制体现出独特的诉源治理优势。但由于政策支持有限、适用空间狭窄、公信力有待加强等原因,我国公证机构的诉源治理参与度和参与水平不高,诉源治理路径呈现调解一元化格局,难以实现预防纠纷、减轻审判权压力的改革初衷。因而应从政府购买服务、公证机构广泛对接社会生活以及加强公证的过程监督等路径着手,充分释放公证制度的诉源治理效能。

Source governance of litigation is an important task of judicial system reform and social governance in China.The prevention,legality,sociality and complexity of the notary system meet the practical needs of source governance of litigation.Compared with other alternative dispute resolutions,it has unique advantages in the field.However,due to the limited policy support,narrowly applicated space,weak credibility and etc.,the level and quality of the notary institutions to participate in source governance of litigation are low in China,and the path of source governance of litigation shows a strong dependence on the mediation system,which are difficult to realize the original intention of the reform to prevent disputes and reduce the pressure of judicial power.Therefore,we should start from government purchasing service,notary institutions connecting with social life extensively and strengthening the process supervision of the notary system,so as to fully release the efficiency of the notary system in source governance of litigation.