公证工作改革历经十几年探索,仍有许多基本的、重大的理论问题未能解决。全国人大法工委民法室贾东明副主任于2001年参加“公证体制改革与完善理论研讨会”时,提出了10个问题’,这10个问题虽没有涵盖公证制度改革目前的全部问题,但应是目前公证制度改革遇到的最基本的问题。问题之一公证证明力来源于哪里由谁行使传统的观点认为,公证的证明力来源于国家,是国家的授权,公证处作为国家机关代表国家行驶证明权。笔者认为,公证的证明力,应是来源于法律授权,因为现代市场经济中,为拉动内需,政府越来越多地介人投资和消费(如政府采购),如果把公证视为国家授权,公证员代表国家,在公证中就会造成“两个国家代表对付一个老百姓”的尴尬,因此,公证还是源于法律授权,以市场中立者的身份履行职务为好。 Notarized work reform After more than ten years of exploration, there are still many basic and major theoretical problems that can not be solved. NPC deputy director Jia Dongming of Civil Law Commission of the NPC put forward 10 questions when he participated in the “Symposium on Notarization System Reform and Perfection” in 2001. These 10 issues did not cover all the current problems of notary system reform , But it should be the most basic issue encountered in the current reform of the notarial system. One of the issues where notarization of the source of proof from whom the exercise of the traditional view that the notary of the source of proof from the country, is the country’s authorization, notary office as a national authority on behalf of the national driving certificate. The author believes that the notarial certification should come from the legal authority, because modern market economy, in order to stimulate domestic demand, the government is increasingly involved in investment and consumption (such as government procurement), if the notary as a national authorization, Notary on behalf of the state, in notarization will result in “two countries to deal with a common people ” embarrassment, therefore, notary or from legal authority to perform as a market neutral identity as well.