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我国目前虽然没有专门的证据法,但现行的《民法通则》和三部诉讼法以及相关的司法解释中,各自所设的证据专章已经确立了我国民事、刑事、行政诉讼证据规则。通过立法形式确立的我国民事证据规则,在《公证法》和《公证程序规则》中都得到了充分的体现。但我们应当从哪个视角去充分认识我国民事证据规则在《公证法》和《公证程序规则》中的体现?从哪个层面去充分理解我国民事证据规则与公证适用证据规则的内在联系?从哪个渠道拓展和创新公证证据理论和实践的新领域?是公证立法赋予我们公证人应当特别关注的重大问题,是公证行业战略发展中必须面对的重大问题,是解决公证立法与公证实践两个层面之间有机对接的重大问题。研究解决这些问题,有助于提高广大公证人员的证据意识,规范公证人员的执业行为,强化证据能力,防范证据风险,确保公证质量,维护公证机构和当事人的合法权益,提升公证行业的社会公信力。山西省公证协会会长阎建明同志从事公证工作二十多年,拥有丰富的公证理论和实践经验,近年又开始独立写作大量关于公证证据的理论文章,从本期起,本刊将连续刊登,以期引起业内广大同仁对这一理论的共同关注。
Although there is no specific evidence law in our country, the existing “General Principles of Civil Law” and “Three Procedural Laws” and related judicial interpretations have already established the evidence rules of civil, criminal and administrative litigation in our country. The rules of civil evidence in our country, established through legislation, are fully reflected in the Notary Law and the Rules of Notarization Procedures. However, from which perspective should we fully understand the representation of our civil evidence rules in Notarization Law and Notarial Rules? From what level should we fully understand the inherent relationship between our civil evidence rules and notarized rules of evidence application and from which channels To expand and innovate the new field of theory and practice of notarized evidence? Notarial legislation gives us a notary public should pay special attention to the major issues that are notarized in the strategic development of the industry must face a major issue is to solve the two aspects of notarization and notarization practice Between the organic docking of the major issues. Studying and solving these problems will help to improve the evidence awareness of notaries, standardize the practice of notary public, strengthen the ability of evidence, prevent the risk of evidence, ensure the quality of notarization, safeguard the legitimate rights and interests of the notary public and the parties, and enhance the social credibility of the notary public . Yan Jianming, chairman of the Shanxi Provincial Notary Association, has been engaged in notarization for more than 20 years and has extensive notary theory and practical experience. In recent years, he has also started to independently write a large number of theoretical articles on notarized evidence. Starting from this issue, With a view to arouse the majority of colleagues in the industry to pay attention to this theory.