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摘要：《中华人民共和国公证法》第二条是对我国公证做出的定义。根据这一定义可以得知，我国没有对公证与认证加以区分。然而，公证与认证，二者在性质、审查责任、证明方式、证据力等诸多方面都存在着重要的差别。本文将根据我国台湾地区的公证立法以及实行拉丁公证制度的国家和地区的公证立法，对于公证与认证二者之间的几点主要差别加以论述，并就我国不区分公证与认证的利弊做以初步探讨，并试着提出相应的对策，以期能够起到抛砖引玉的作用。
According to Article 2 of Notarization Law of the People’s Republic of China, there is no distinction made between Notarization and Authentication. There are, however, many differences between them in their essence, responsibility for examination, way of certification and evidential force. The purposes of this paper are to discuss the main differences between Notarization and Authentication in accordance with Public Notarization Law of Taiwan region and the notarization laws of the countries and regions of International Union of Latin Notariat and to analyze the advantage and disadvantage of not distinguishing between Notarization and Authentication. In the last part of this paper, some suggestions are put forth for further discussion. |
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According to Article 2 of Notarization Law of the People’s Republic of China, there is no distinction made between Notarization and Authentication. There are, however, many differences between them in their essence, responsibility for examination, way of certification and evidential force. The purposes of this paper are to discuss the main differences between Notarization and Authentication in accordance with Public Notarization Law of Taiwan region and the notarization laws of the countries and regions of International Union of Latin Notariat and to analyze the advantage and disadvantage of not distinguishing between Notarization and Authentication. In the last part of this paper, some suggestions are put forth for further discussion.
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