时下,伴随福利国家概念的兴起,行政的理念正由国家行政向公共行政变迁。在此背景下,契约也由私法范畴跨入公法领域,行政契约日渐走入人们的视野。其中权力因素和契约精神是否悖论是其相争的焦点。此种争论让笔者联想到,作为享有法定职责而又承担民事责任的公证机构的性质,应该介于行政机关和中介机构之间,更接近于契约精神而远离权力因素。所以,公证证明活动为适应现代社会的发展,更应引入契约机制。 Nowadays, with the rise of the concept of welfare state, the concept of administration is changing from state administration to public administration. Under this background, the contract also entered the field of public law from the category of private law, and the administrative contract has gradually entered the people’s field of vision. Among them, the paradox of power factor and contractual spirit is the focus of their struggle. Such controversy reminds me that the nature of a notary public body that has statutory responsibilities but civil liability should lie between the executive authorities and intermediaries, and be closer to the spirit of contract and away from the power factor. Therefore, notarized certification activities to adapt to the development of modern society, but also the introduction of contractual mechanisms.