西方国家公证制度及其启示

The Obligatory Notary System of the West and Its Enlightenment

西方国家公证制度的典型是大陆法系的公证制度。大陆法系公证制度的核心和支柱为必须公证。在大陆法系国家 ,必须公证已经全方位、深层次地介入到社会经济生活的主要领域 ,是社会经济生活的稳定器。借鉴大陆法系公证制度 ,我国应加快建立健全以国家实体法为依托 ,以程序法为保障 ,以部门法律为规范的必须公证制度。

The typical notary system of the western countries is the notary system based on the continental legal system. The core and pillar of the notary system based on the continental legal system are obligatory notary. In those countries,obligatory notary has already intervened in the major fields of social and economic lives completely and deeply and become a 'regulator'of social and economic lives. Learning from the notary system based on the continental legal system, China should quickly perfect the obligatory notary system,regarding the state substantive law as dependence,the procedural law as guarantee,and the department law as standard.