一、关于证据效力问题(一)采信规则法律只规定公证证明应当作为法院认定事实的依据,但却缺少对法官采信的约束性规则。有的法官对公证文书不予采信,也有的法官绕开公证这一事实而另行调查,还有的法官将公证文书视同其他一般证据,主动要求当事人质证。法官对公证书采信的任意性从根本上动摇了公证制度存在的基础。因此,必须将公证证明的采信从民事诉讼法的一般证据规则中剥离出来,作为特殊的证据规则,明确规定法官必须承 First, on the issue of the validity of evidence (A) Adoption rules The law only provides that notary evidence should be used as the basis for the court to determine the facts, but the lack of binding rules for the judges to take the letter. Some judges do not apply for a letter of notarization, and some judges bypass the notarization of the fact that another investigation, and other judges will notarization of documents as other general evidence, take the initiative to request the parties to cross-examination. The arbitrariness of the judges in their acceptance of notarized certificates fundamentally shakes the foundation of the notarial system. Therefore, the notarization of the notarial certificate must be stripped from the general rules of evidence in the Civil Procedure Law as a special rule of evidence, which clearly stipulates that the judge must undertake