Studies On The Compulsory Execution Notarization And Its Operation Of The Potency In China

the compulsory execution notarization is an relatively special activity that the notarization organization gives the enforcement potency to the no doubt debt instruments.It meets the desire of parties to solve the civil disputes efficiently,the requirement of the market economy for the transaction security and the need of the judicial system to optimize the allocation of judicial resources and relieve the pressure in trying cases.Its advantages are obvious.This thesis takes a case as a starting point,and there are two focuses of the controversy in this case: the one is whether the court should execute the notarial obligatory right document which is not clear,the other is whether the court should accept the prosecution when the notarial obligatory right document is ruled against execution.Around the two focuses,this thesis analyzed the problems about the scope of the compulsory execution notarization,the process of the court review,the relationship between the compulsory execution notarization and the right of action and the meaning of the mistakes in the document. This thesis argues that the execution certificate is legal and clear,so the court should execute it,and the court should accept the prosecution when the notarial obligatory right document is ruled against execution for protecting the rights to judicial remedy of the parties.This paper argues that,from the judicial practice and the economic development needs,the scope of the compulsory execution notarization is limited,so we should add the mortgage contract into the scope of the legislation;the process of the court review is lack of a clear and detailed specification so we should take a standard that the formal review is main and the substantive review is supplementary;in the relationship between the compulsory execution notarization and the right of action,the legislative provisions are too general,so we should define the situations of the prosecution and confirm them through the legislation;in the specific meaning of the mistakes in the document,the courts have different views,so we should define the specific circumstances to reduce the randomness of the courts.