Notarial Creditor's Rights Documents Enforcement And Related Problems In CHINA

The theory of enforce is becoming an important issue under the perform difficulty environment.According to our civil procedure law the document of obligatory right which after notarial belong to the execute document.This kind of files have such characteristics:obligatory right is clear,and debtor give his agrees refer to mandatory enforce.Therefore based on the savings of judicial resources,to reduce the parties complained of the tired,our country established a notarized creditor's rights enforcement system.The system has been in operation for more than 30 years,through the investigation and study of the court certificate of creditor's right to enforce the file rate,the court execution rate,the type of paper contract.The amount of the subject we can find that:there are exist repeated examination problem,the low application rate of notarization,notary institutions don't has a strict program on documents production and verification which will affect the effectiveness of enforcement.In the environment of the Supreme Court's determination to resolve the "difficult implementation" problem,if these problems are not resolved in time which not only won't achieve the legislative function,but not benefit to notarized public credibility building.On the other hand,from the legislative level,the provisions of this system is not perfect,there are still some gaps,and the rules majority dispersion in the different levels of scattered provisions,which did not form a complete system.There are reasons lead to this position:not only have missing of notaries team orientation and construction,but notarization agencies and courts in the coordination of the linkage mechanism is poor.In view of the fact that it is not a system of local growth in our country,it is indispensable study for the foreign countries on this issue,in a generation and development view.There are obvious differences between the two legal systems on this system,notarization is a necessary condition for the establishment of many legal relationships.Civil law system more attention to the system between common law families.The common law legal families are tend to form a formal effect.Not only provide a blueprint for our country's system design,but a ideal reference refers to experience learning,and improve the missing.Combined with China's national conditions,we should set up a system in the "Enforcement Law" legislation.In recently years,the question of whether empowered the comprehensive credit contract should also be answered in the legislation.There should be a breakthrough in the current implementation of the certificate review system and the enforcement of jurisdiction.At the same time to establish the role of forensic judicial support staff positioning,not only to enhance their sense of responsibility,but also to expand the system to promote the use of publicity.