诉讼是当事人在权利受到侵害时寻求司法救济的方式,而证据则是诉讼的灵魂。如果说诉讼率的提高是当事人权利意识提高的表现,那么充分利用公证在诉讼中的作用则是权利意识发展的更高阶段。因为它对权利的关照已于诉讼前开始了,而且可以极大地节约诉讼成本。经济分析法学家波斯纳认为,所有法律活动和全部法律制度的最终目的就是为了最有效地利用自然资源和最大限度地增加财富;在效率成为市场经济的基石后,法律只能亦步亦趋。民事诉讼中,公证则可以在很大程度上节约经济并且产生道德上的收益,这最集中地体现在公证对社会信用的良性促进作用上。公证从来就是与道德、尤其是与信誉共存的。首先,公证是靠信用为本的行业。当社会信用丧失的时候,公证也就失去了生存的空间。其次,公证在社会上已经树立了较高的信任。第三,公证的结果可以作为建立信用的基础。 Litigation is a way for parties to seek judicial remedy when their rights are violated, while evidence is the soul of litigation. If the improvement of the litigation rate is the manifestation of the improvement of the party’s rights awareness, then the full use of the notarization in the litigation is a higher stage of the development of the awareness of rights. Because its right of care has already begun before the litigation, and can greatly save litigation costs. Posner, an economic analyst, believes that the ultimate goal of all legal activity and the entire legal system is to make the most efficient use of natural resources and to maximize the wealth. After efficiency becomes the cornerstone of a market economy, the law can only go hand in hand. In civil lawsuit, notarization can save a great deal of economy and produce moral benefits, which is mainly embodied in the positive promotion of notarization to social credit. Notarization has always been with morality, especially with credit. First, notary is a credit-based industry. When social credit is lost, notarization also loses the space for survival. Second, notary has established a high level of trust in the community. Third, the result of notarization can serve as a basis for establishing credit.