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经济公证作为对市场经济主体的经济活动行为能够起到遏制和消除市场经济的负面效应,预防纠纷和减少诉讼作用的一种法律制度,长期以来却处于发展滞后的状态。本文试从缺乏法定因素、法律意识淡薄、业务素养不高和机制存在缺陷这三个方面分析经济公证陷入困境的原因。并提出将事关社会稳定和市场经济安全的经济活动都纳入必须公证的领域、建立与市场经济相适应的公证体制、提高公证队伍应对社会经济复杂情况的能力以及公证应当成为依法办事重要内容的四条走出困境的路子。
As a kind of legal system that economic activities of the market economy can act as a legal system to contain and eliminate the negative effects of the market economy, prevent disputes and reduce litigation, economic notarization has lagged behind in development for a long time. This article tries to analyze the reasons why economic notarization is in difficulty from three aspects: the lack of statutory factors, the weak legal awareness, the poor professional accomplishments and the defects of the mechanism. He also proposed that all economic activities that are related to social stability and market economy be included in the areas that must be notarized, that the establishment of a notarization system compatible with the market economy and the improvement of the notary public’s ability to deal with the complicated socio-economic situation and that notarization should become an important part of handling affairs according to law Four ways out of the woods.