A Study On The Notarization System Of Enforcement Of Enforcement

Notarization is one important judicial system of China and granting theeffectiveness of the enforcement of notarization is special force of law with theenforced execution notarial deed as one of the basis of execution as Chinese civillaw regulated. With the rapid development of China’s market economy, all sorts ofconflicts of interest gets prominently day by day and the litigious cases related todisputes on claims and debts increased dramatically, bringing enormous pressure tothe grassroots people’s court trial work and ask them to seek diversified legal systemto help coordinate. Because of its advantage in convenience, economy, effectiveness,enforced execution Notarization system played an irreplaceable role in guarantee ofthe social credit system, maintain the security of transaction and reduce the cost ofthe realization of the creditor’s rights. while at the same time targeting at therealization of balance between fairness and efficiency, effectively saved judicialresources and had an effect on reducing the pressure of court litigation cases.Giving effectiveness of enforced notarization system is developed graduallyafter China’s economic system reform, which initially established in ProvisionalRegulations of notarization and is relatively a new legal system. For quite some time,the academic circles always have considerable differences on justifiability and scopeof giving enforced notarized documents effectiveness and in the judicial practice,notarization institution and court hold different views on the verification andexecution procedure of giving notarized documents enforced effectiveness, somescholarships even questioned the Legitimacy and rationality of giving notarizeddocuments enforced effectiveness that require for further improve in legislation to and standardize in operation procedure.This article will analyze and research on the domestic prominent hot issuesreferring to the present notarization development of China by using the method oflegal analysis and comparative analysis. Despite that giving effectiveness to theenforced notarized documents do not have Res Judicata, still it’s not disputable sinceit embodies the autonomy of the parties. Appropriately expanding the scope ofenforced execution notarization documents meets the need of the development ofmarket economy in China and benefits the promotion of civil transaction safety. Inorder to improve the effectiveness of notarized documents to enforce the executionrate and effectively reduce court’s litigation pressure, it’s necessary to clarify theexamination function of notarization institution and the court, further standardize theenforcement procedures, while at the same time paying attention to protect thelegitimate rights and interests of the parties, giving full play to the executiondocuments as the role of transitional examination and providing procedure reliefchannel to the obligor.To promote the development of giving effectiveness of enforcementnotarization system is the requirement from innovation of social management patternand seek diversified channels to resolve civil disputes, which needs legal protectionand quality notary. Furthermore, it’s necessary to perfect domestic legislation,strengthen construction of notary team to promote the healthy development of thenotarization system.