Notarial Documents Enforcement And Related Problems

Notarial instrument, one of the basis of the implementation of the provisions of the Civil Procedure Law in China, notarized enforcement, civil enforcement regime set in our judicial system. Contentious dramatic increase, under the background in the current socio-economic activities are more active than ever, and especially the grassroots people’s court of the People’s Court in the work facing increasing pressure cases. How legitimate and effective channels to resolve contentious, fast, efficient way to solve disputes, resolve conflicts? Enforce notarization in which the role of the more important.However, over the years, the people’s court out of their own understanding of the reasons for non-court system, legal instruments too lightly, the existence of errors has its own national civil unified understanding of the implementing agencies to focus on day-to-day implementation of the implementation of the system shall, while the arbitration award and notarial documents given overlooked, or even ignored. On the other hand, in the execution of the notarial documents, there is some controversy, the existence of these disputes, the court and notary work misgivings, such as:whether enforceable notary handling cause parties the right to appeal the loss of or hinder? Debt instruments involves a certain personal relationship ability to perform? Upon conferred enforceable notarial guarantor of intention is not clear, enforceable whether direct and to the guarantor? Implementation involved enforcee only housing, whether due to the "principle of the right to life is higher than the debt can not be enforced? These concepts are not clear, the dispute does not identify the notarial documents, enforcement would be difficult to successfully and effectively carry out the provisions of the law can only be reduced to a dead letter.To this end. the author, based on their own experience in trial practice, cognitive, from the practical point of view, the use of the Civil Procedure Law and other related procedures. substantive law theory, research and analysis on the related controversial issues, and their own draw viewpoint conducted a theoretical depth interpretation, in order to to identify controversial, the people’s court notarized instruments to perform the work mode to provide useful guidance and learn to play a notarized certificate of obligation to force the implementation of the system advantages, promote the people’s court perform work to promote social management innovation effectively resolve social conflicts.Enforcement of the notarial instrument, surface and depth are very broad, I know that you want to explore the true meaning of real, definitely not overnight., Therefore, the writing of this article relates only to issues related to fur, mostly from the application and practice and, inevitably theory deep enough, but as peers within the system to achieve a certain resonance, also enough to be worthy of the author pleased.