民商事登记改革与法定公证

我国现行民商事登记制度与民法原则多有不合。未来物权法或民法典应当贯彻权利外观自证优先原则,改造现行的权利证明公示机制,设立以民事赔偿为保障的法定公证,充分发挥公证机构的中人作用。对国家为一方当事人的合同实行公证生效登记备案制,合理确定登记错误和公证错误时的赔偿责任,并设立法定公证情况下的国家投保责任。

The Civil and Commercial Registration and the Legal Notarization

China's present registration system is not compatible with civil law principles. The forthcom- ing Real Right Law or Civil Code should adopt the principle of taking priority of the appearance of right, reconstructing the current mechanism of proving of rights, establishing the compulsory notarization sys- tem guaranteed by civil compensation system, bringing the notarial body into play as a middleman. As to the contracts with the state as one party, the contracts become valid when their notarization are regis- tered and put on records, thus we should reasonably provide the compensatory liability to mistakes in the registration and notarization, and the insurance responsibility of the state in the situation of legal notari- zation.