合同公证具有程序法和实体法双方面的效力,从历史渊源考察,合同公证对实体上是否成立经历演变的过程,基于现代社会考察,借鉴国外立法例,应以合同形式自由为原则,在涉及公共利益与国计民生合同等必要情形下,可以赋予合同公证成立的效力,在物权登记中也可以引入公证制度。 Contract notarization has both the procedural law and the substantive law. From historical origins to contractual notarization, the process of whether or not a contract notary has evolved in an entity is based on the investigation of the modern society. Drawing on the legislation of other countries, the contract should be based on the principle of freedom in contract. Public interest and people’s livelihood contracts and other necessary circumstances, can be given the effect of notarization of the contract, the registration of property rights can also be introduced notary system.