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从法律制度角度来看,公证民事法律是法律体系中非常重要的制度。该法律具有惩戒预防性的功能,能够依法确认民事关系、维护双方的合法权益,对预防产生法律纠纷具有重要作用,这些作用对于加强中国平安、建设法治中国具有巨大作用。而在公证活动中主要有两个主体,其一是公证机构、其二即为当事人,还可能会对相关第三人造成利害关系。从实践来看,公证行为可能损害当事人的利益,在这种形式下公证机构是不是应该承担责任,应该承担哪种责任,应该承担多大责任等各种问题,是相关机构及人士探究的重要课题。本文阐述了公证民事法律责任的基本含义及法律性质,并对公证机构所应该承担民事责任及归责原因的问题进行思考及分析。
From a legal system perspective, notary civil law is a very important system in the legal system. The law has the function of disciplinary prevention. It can confirm civil relations in accordance with the law, safeguard the legitimate rights and interests of both parties and play an important role in prevention of legal disputes. These roles play an important role in strengthening China’s peace and building a rule of law in China. In the notarization activities, there are mainly two main bodies, one of which is a notary office and the other is a party, which may also create an interest in the relevant third party. From a practical point of view, notarization behavior may undermine the interests of the parties, notarization in this form should bear the responsibility, what kind of responsibility should be borne, how much responsibility should be borne and other issues, the relevant agencies and individuals to explore an important issue . This article expounds the basic meaning and legal nature of civil legal liability of notarization, and ponders and analyzes the issues that the notary public should bear the civil liability and the cause of liability.