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随着《中华人民共和国公证法》的颁布实施,我国公证制度从制度层面迈入了新的历史阶段。尤其是对公证赔偿责任的首次明确规定,化解了一直困扰公证赔偿司法实践中的难题。但是,由于《公证法》对关乎公证根基的本质问题——公证性质的刻意回避,使人们对公证赔偿的性质存在着不同的看法。本文首先分析国外公证性质的各种规定,从而阐述了如何看待我国公证的性质,在此基础上探讨了公证赔偿的法律性质。
With the promulgation and implementation of Notary Law of the People’s Republic of China, China’s notary system has entered a new historical stage from the institutional level. Especially for the first time clearly stipulated the notarization of liability for compensation, which has solved the difficult problems that have plagued the judicial practice of notarial reparations. However, due to the notion of notarial nature, which is the essence of notarial law, which is related to the notarial foundation of notarization law, people hold different opinions on the nature of notarization. This paper first analyzes the various provisions of the foreign notarization nature, and then elaborates how to view the nature of the notarization in our country, and on this basis, probes into the legal nature of the notarial compensation.