公证制度是重要的预防性司法制度，我国公证机构经“去行政化”改革后，由单一行政体制转变为事业体制与合作制双轨并存模式，由于公证立法未对合作制公证机构民事主体定位予以规制，导致各界对其民事主体属性的认识存在争议，制约了合作制公证机构职能的发挥和公证体制机制改革的深化。《民法典》突破了民事主体立法独立责任与法人人格附随性传统，在法律另有规定的情况下，非法人组织的成员亦可承担有限责任。《公证法》规定公证机构依法设立，不以营利为目的，独立行使公证职能、承担民事责任。在《民法典》视野下，合作制公证机构的财产由合作人共有，不符合法人成立条件，不具法人人格。从《民法典》蕴含的团体人格和成员有限责任相分离的新理念出发，《公证法》修法时可将合作制公证机构规制为合作人以出资额为限对机构债务承担责任的非法人组织。

The notary system is an important preventive judicial system. After the “de-administrativization” reform， China’s notary institutions have transformed from a single administrative system to a dual-track model where public institution system and cooperative system coexist. Due to the lack of regulation on the civil subject positioning of cooperative notary institutions in the legislation， there are controversies in the understanding of their civil subject attributes across all sectors， which hinders the full play of the functions of cooperative notary institutions and the deepening of mechanism reforms in the notary system. The Civil Code has broken through the traditional legislative model where civil subjects’ independent liability is attached to corporate personality. Under circumstances where laws provide otherwise， members of unincorporated organizations may also bear limited liability. The Notarization Law stipulates that notary institutions shall be established in accordance with the law， operate non-commercially， exercise notarization functions independently， and assume civil liabilities. From the perspective of The Civil Code， the property of cooperative notary institutions is jointly owned by the partners， which does not meet the conditions for the establishment of a legal person and thus lacks legal personality. However， based on the new concept in The Civil Code that separates group personality from members’ limited liability， when amending the Notarization Law， cooperative notary institutions can be regulated as unincorporated organizations in which partners bear responsibilities for the debts of the institutions within the limit of their capital contributions.