无论是大陆地区还是台湾地区,在论及中国公证制度的沿革的时候,都有观点认为此制度在华夏古已有之,只不过对于其源起与形态则莫衷一是。如果我们把由1803年《风月法》确立的现代公证制度作为对应客体进行审视的话,这种论调即便不说是根本错误也是非常值得商榷的。自19世纪真正遭遇西方以来,中国的历史就再也无法自足地展开,中国法律自此也就开始了接引西方的历程,作为一项法律制度的公证就是由此自东瀛转引而来。非要在中国古老的典籍中寻出它的蛛丝马迹来,大概正如同王人博 Both in the mainland and in Taiwan, when discussing the evolution of the notarial system in China, there is a view that this system has existed in the ancient China only for the different origins and forms of the system. If we look at the modern notary system established by the “Fengshen Law” in 1803 as a counterpart, this argument is debatable even if it is not a fundamental error. Since the real encounter with the West in the 19th century, the history of China can no longer be developed on its own. Since then, the Chinese law has also begun to lead the Western history. As a notarization of the legal system, it has been derived from Japan. It is necessary to find out its clues in the ancient books of ancient China, just as Wang Bo