基于不同的法治传统和国情，世界各国在法治建设过程中形成了不同的公证体制。目前中国在公证体制改革过程中形成了以事业制为主，合作制为辅的形式，使得公证机构能够兼具服务、沟通、证明、监督的职能，及时应对社会发展带来的多样化公证需求。但无论何种形式，公证的本质是法律证明权，公证权来源于国家授权或委托，实际上是公权力的延伸，也是预防司法的重要一环。公证文书的救济机制不仅能够制约和监督公权力的运行，还可促进公证制度的自我完善与发展，使得公证制度能够更好地服务于社会发展和人民需求。近年来中国持续推进公证法制建设和公证体制改革，修订和完善了《中华人民共和国公证法》《公证程序规则》《最高人民法院关于公证债权文书执行若干问题的规定》等公证法律制度，逐步形成了一套较为系统的公证救济法律机制，其中包括对一般公证文书的救济机制、对公证书证的救济机制和对公证债权文书的救济机制。但是，法律的稳定性和滞后性使得其无法应对不断出现的新情况、新问题。为此，本文在“权力制约”和“权利救济”理论的指导下，对现行中国公证文书的救济机制进行介绍，并分析其中存在的问题，在此基础上提出完善中国公证文书救济机制的有效对策，以期能为公证制度的进一步发展添砖加瓦。
Based on different legal traditions and national conditions, countries around the world have formed different notarization systems in the process of building the rule of law. At present, in the process of the notarization system reform, China has formed a form of business system as the main system and the cooperation system as a supplement, so that the notary institution can have the functions of service, communication, certification and supervision, and timely respond to the diversified notarization needs brought about by social development. But no matter what the form, the essence of notarization is the right of legal proof. The right of notarization comes from the authorization or entrustment of the state. In fact, it is an extension of public power and an important part of preventive justice. The relief mechanism of notarization documents not only reflects the restriction and supervision of the operation of public power, highlights the fairness and justice of the judiciary, but also reflects the promotion of the self-improvement and development of the notarization system, so that the notarization system can better serve the social development and people’s needs. In recent years, China has continuously promoted the construction of the legal construction of notarization and the reform of notarization system. It has revised and improved the “Notarization Law”, “Notarization Procedure Rules”, “Regulations on Issues Concerning the Enforcement of Notarized Creditor’s Rights Documents” and other notarization legal systems, and gradually formed a relatively systematic legal mechanism of notary relief, including the relief mechanism for general notarization documents, the relief mechanism for notarization certificates and the relief mechanism for notarization creditor’s rights documents. However, the stability and lag of the law make it impossible to deal with the emerging new situations and problems. For this reason, this article, from the perspective of development, from the perspective of right remedy and due process, makes a review of the current relief mechanism for notarized documents in China. This paper introduces and analyzes the existing problems, and under the guidance of the theory of “power restriction” and “right relief”, puts forward some effective countermeasures to improve the relief mechanism of notarization documents in China, in order to contribute to the further development of the notarization system.
Based on different legal traditions and national conditions, countries around the world have formed different notarization systems in the process of building the rule of law. At present, in the process of the notarization system reform, China has formed a form of business system as the main system and the cooperation system as a supplement, so that the notary institution can have the functions of service, communication, certification and supervision, and timely respond to the diversified notarization needs brought about by social development. But no matter what the form, the essence of notarization is the right of legal proof. The right of notarization comes from the authorization or entrustment of the state. In fact, it is an extension of public power and an important part of preventive justice. The relief mechanism of notarization documents not only reflects the restriction and supervision of the operation of public power, highlights the fairness and justice of the judiciary, but also reflects the promotion of the self-improvement and development of the notarization system, so that the notarization system can better serve the social development and people’s needs. In recent years, China has continuously promoted the construction of the legal construction of notarization and the reform of notarization system. It has revised and improved the “Notarization Law”, “Notarization Procedure Rules”, “Regulations on Issues Concerning the Enforcement of Notarized Creditor’s Rights Documents” and other notarization legal systems, and gradually formed a relatively systematic legal mechanism of notary relief, including the relief mechanism for general notarization documents, the relief mechanism for notarization certificates and the relief mechanism for notarization creditor’s rights documents. However, the stability and lag of the law make it impossible to deal with the emerging new situations and problems. For this reason, this article, from the perspective of development, from the perspective of right remedy and due process, makes a review of the current relief mechanism for notarized documents in China. This paper introduces and analyzes the existing problems, and under the guidance of the theory of “power restriction” and “right relief”, puts forward some effective countermeasures to improve the relief mechanism of notarization documents in China, in order to contribute to the further development of the notarization system.