纵观近年一些公证赔偿案件的审理结果,公证机构不但全额赔偿,且受到社会媒体的遣责,而损人利已不当得利者却逍遥法外,公证机构却无处申冤,概因报案不受理。问题究竟出在哪里,是无法可依吗?非也。《公证法》第44条对弄虚作假、扰乱公证秩序的公证当事人及其他个人或者组织应负的法律责任有明确规定。笔者认为,问题出在立法与司法的衔接上,二者之间出现了断档,以致不能把法律条文规定适用到具体的案件中。 Looking at the results of some cases of notarized reparations in recent years, the notary public not only compensated in full but also been condemned by social media. Those who disgraced unjust enrichment were unaffiliated with the law. Where is the problem, is it impossible? Article 44 of the Notary Law clearly stipulates the legal liabilities that a notary party and other individuals or organizations that misrepresent the notarization order and which cause the fraud or disrupt the notary public order. The author believes that the problem lies in the convergence of legislation and justice, and there is a gap between the two, so that the provisions of the law can not be applied to specific cases.