An Empirical Analysis Of The Claim Documents To Enforce The Notary System

The enforcement of the notary system in China is important to innovative design, with the people’s court trial system, arbitration organ system, people’s mediation agreement judicial confirmation system together form at present in our country can make a docking system of the people’s court for compulsory execution of the four sources. Compared with the people’s court trial system, the claim documents to enforce system has a strong uncertainty, high execution efficiency, antagonistically weak; Compared with the arbitration organ system, creditor’s right document enforcement system has extensive distribution, high execution efficiency, the following characteristics:legal remedy; Compared with the system of people’s mediation agreement judicial confirmation, creditor’s right document enforcement system with strong professional, high degree of organizational norms, etc. In the four dispute prevention and solution mechanism, creditor’s right document compulsory execution notary system can realize to the civil and commercial transaction risks and disputes in advance prevention, respect the autonomy of the parties, the more the more advocate honesty and estoppel legal principles, in a rich way of diversified dispute resolution in China, guide the social set of honest and trustworthy principle, strengthen the influence of notary organs and force plays an important role. Can imagine, the notary organ can play such as arbitration authority in the field of compulsory execution equivalent effect, but it is still far cannot meet such requirement. Although the notarization law and the civil procedure law is a specific range, specific types and meet certain programs given the effectiveness of the enforcement of creditor’s rights document, but will be notarized at the notary office of practice shows that enforce the notarization in China is still a presses for implementation and improvement of legal system. Debt instrument to enforce a surveyor also exist many problems in practice.To give enforcement effect is relatively small, the scope of the creditor’s right document of creditor’s right document compulsory execution notary in related fields and the law is less, the notary office to enforcing attitude is negative, and exist in the operation process of compulsory notarization examine lax, the parties, the lack of rights protection and so on all problems of one sort or another. Enforcement notarization system in China fails to form the effective system of mature, notary office of the notary system and the people’s court trial system has not been able to form effective cohesion, in integration including the people’s court judge, arbitration organs, notarized at the notary office, the people’s conciliation committee and so on four kind of way of resolving dispute, the lack of effective planning as a whole, which can lead to too much in the four kinds of dispute resolution mechanism relied on the people’s court of the referee such an ultimate way to solve disputes. To this end, the author thinks that the need to explicitly give enforcing effectiveness of actionable of creditor’s right document and ways to restore his right to appeal, the second is to increase can give the unperfect enforcement effect of creditor’s rights and the scope of the documents, the third is to perfect the operation process will be notarized at the notary office, without reducing the notarization efficiency, increase the debtor or the rights of the person subjected to execution objection and cross-examination. Fourth, is the need to clear the compulsory notarization shall be under the jurisdiction of the court, in the practice of the railway courts involved in the compulsory notarial creditor’s right document execution, considering the ordinary court trial and execution case number increase sharply, can consider to will be notarized at the notary office to enforce the creditor’s right document to the railway under the jurisdiction of the courts to enforce.