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一、当前公证发展的困惑与矛盾(一)公证立法不完善。《中华人民共和国公证暂行条例》是1982年4月13日由国务院发布的。在我国现行法律中,随着改革开放步伐的加快、市场经济体制的确立,历经20多年仍然有效的“暂行条例”几乎已经不存在,而与此同时,社会对公证法律服务的需求越来越广泛、普遍,公证服务领域进一步扩大,使该条例已明显不适应当前的形势需要,另外,公证法草案已酝酿多年,历经数十稿仍迟迟未出台,使公证工作因缺少法律支撑而在方方面面都受到很大制约。
First, the current development of the notarized and contradictory (a) Notarized legislation is not perfect. The Provisional Regulations of the People’s Republic of China was issued by the State Council on April 13, 1982. In the existing laws of our country, with the acceleration of the pace of reform and opening up and the establishment of a market economic system, the “Provisional Regulations” that have remained valid for more than 20 years have virtually disappeared. At the same time, the society’s demand for notarized legal services The wider and more widespread and notarized service area has further expanded so that the Ordinance has obviously failed to meet the needs of the current situation. In addition, the notarization draft has been brewing for many years and has still not been released after a few dozen drafts, making the notarization work due to lack of legal support In all aspects are subject to great constraints.