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目前公证业务因没有立法而难以开拓,原有的公证业务也日渐萎缩。但是,一些行政机关却在大量办理鉴证,律师和法律服务所亦在大量办理见证业务,导致县和县级市的公证处业务严重不足。有的县公证处只有一名公证员,亦终日无证可办。这种情况严重地阻碍公证改革的进程,影响公证事业的发展。因此,本人认为应该对鉴证、见证与公证的效力加以区别,借以引导当事人自觉运用公证程序来维护其合法权益,从而促进公证事业的发展,促进公证改革顺利进行。那么,鉴证、见证与公证,究竟谁有效?鉴证是计划经济时代的产物,它是业务主管部门和工商行政管理部门对有关的经济合同进行审查、鉴定和证明。鉴证是国家运用行政干预的手段,以克服经济建设中的盲目性,保证国民经济有计划按比例地发展。合同鉴证是计划经济时代国家指导、监督经济单位进行产、供、运、销等经济活动的一种有效的行政干预形式,它对计划经济的正常运行和发展曾经发挥过重要作用。随着市场经济的发展,国家为了形成全国统一的大市场,防止地方保护主义分割市场,第九届全国人民代表大会第二次会议通过的《中华人民共和国合同法》废除了原经济合同法关于合同鉴定的规定。2000年7月31日,国务院批准司法部《关于
Currently notarized business is difficult to open up due to lack of legislation, and the original notary business is also shrinking. However, some administrative organs are conducting a large number of verification, and lawyers and legal services offices also handle a large number of witness businesses, resulting in a serious underwriting of the notarial offices in the county and county-level cities. In some county notary offices, there is only one notary public and there is no permit to do any day. This situation seriously hindered the progress of notarization reform, affecting the development of notarization. Therefore, I think we should make a distinction between the effectiveness of forensics, witness and notarization so as to guide the parties to consciously apply the notarial procedure to safeguard their legitimate rights and interests so as to promote the development of notarization and promote the smooth progress of notarization. So, forensics, witness and notarization, who is valid? Forensic authentication is the product of the era of planned economy, it is the competent business administration and industry and commerce administration department of the relevant economic contract review, identification and certification. Forensics is the means by which the state uses administrative intervention in order to overcome the blindness in economic construction and ensure that the national economy develops in a planned and proportionate way. Contract foreclosure is an effective form of administrative intervention that the state guides in the planned economy era and supervises the economic activities of economic units in production, supply, transportation and sales. It plays an important role in the normal operation and development of the planned economy. With the development of market economy, in order to form a unified national big market and prevent local protectionism from dividing the market, the “Contract Law of the People’s Republic of China” adopted by the Second Session of the Ninth National People’s Congress abolished the provisions of the original Economic Contract Law Provisions of the contract. July 31, 2000, the State Council approved the Ministry of Justice "on