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尽管保全证据公证是一种诉讼外的保全证据行为,但由于民事诉讼法给予公证证据较高的采信度性,保全证据公证文书往往能在诉讼中起到决定诉讼走向的关键作用。在司法实践中,法官对公证证据分外重视,一般不会轻易否定公证证据。但是偶尔也会出现了一些公证证据未被法院采纳的案例,其中很大一部分发生在保全证据公证领域,因为此类公证往往就是为诉讼准备的。问题症结在哪?是法院对保全证据公证要求过于苛刻,还是公证机构自身就存在过错?
Although notarization of preservation evidence is a kind of evidence preservation act outside of litigation, due to the high reliability of notarization evidence provided by civil procedure law, the preservation of evidence notarization documents often plays a key role in litigation in deciding the direction of litigation. In judicial practice, the judge attaches great importance to notarized evidence and generally can not easily negate notarized evidence. Occasionally, however, there have been cases in which notarized evidence has not been adopted by the courts, a large proportion of which has occurred in the area of notarization of the preservation of evidence, since such notarisation is often prepared for the proceedings. The crux of the problem is that the court is too harsh on the requirements of notarization for the preservation of evidence, or the notary itself has a fault?