Study On The Forcible Execution Notary System In China

With China’s rapid economic development, forcible execution of notarization has become increasingly widely used, which is not only the inevitable request of financial institutions, also has greatly improved the efficiency of the realization of creditor’s rights, contributed to saving the judicial resources. However, in practice, the laws and regulations concerning forcible execution notarization of creditor’s right document are simple and humble, with less significance to practical operation. As an effective functional organization to prevent from disputes, "notary office" should give better play to this special function and strengthen the theoretical research on forcible execution notarization of creditor’s right document, so that the executing agency (people’s court) may further recognize forcible execution notarial certificate of creditor’s right document, then to improve the credibility of notary public office.The formalities concerning forcible execution notarization of creditor’s right document generally include:application, examination, acceptance, forcible execution of creditor’s right document, application for execution certificate, verification of debt performance, issuance of execution certificate and forcible execution of the people’s court. By combining theory with practice, through theoretical analysis and research, and practice comparative study, together with empirical data, this paper aims at providing theoretical reference to further perfect notarization legislation, and open up a wider area for practical operation of forcible execution notarization of creditor’s right document, by combining with the problems occurred to notary public office during forcible execution of creditor’s right document and execution process, and through the research and analysis of our current laws and regulations, as well as notary system. The paper is divided into five parts, first part mainly summarizes the theoretical basis of forcible execution of creditor’s right document for notary organs, including its historical development, and learning advanced experience and theoretical basis of different countries and regions; second part mainly studies and discusses its significance and applying value through the scope and applicable condition of forcible execution of creditor’s right document; third part mainly discusses and analyzes the problems occurred to notary organs during forcible execution of creditor’s right document, according to current laws and regulations, so as to put forward ideas and suggestions for solutions; fourth part mainly states the problems in the process of forcible execution for people’s court, and puts forward the ideas and suggestions to improve the rate of execution by combining with the execution status of Execution Certificate issued by people’s court to public organs, and using data analysis and study; fifth part focuses on the rights and relief approaches of the parties concerned from two aspects, one is that how to relieve the rights of the parties concerned when notarial organ revokes Execution Certificate but not cancel forcible execution of creditor’s right document, the other is that how to relieve the rights of the parties concerned when the people’s court is under execution error.Forcible execution is special circumstance of coercive force of the state through "notarization", with profound connotation, which can’t be fully studied by any department or individual alone, this paper is also a brief introduction of forcible execution. Forcible execution of notarization condensed the efforts of judicial administrative departments at all levels and notarial organs, we believe that we will better use this system in practice in future, and better serve the economic society based on our own work.