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Discussion On The Notarization Of The Compulsory Execution Of The Creditor's Rights Instruments

Posted on:2018-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:S D ShiFull Text:PDF
GTID:2416330566493876Subject:Law
Abstract/Summary:PDF Full Text Request
At present,our country is going through the transitional period,along with rapid economic development,economic disputes also show a high incidence.Many litigants experience the difficulty in the registration and docketing of their cases and long litigation process,which has long been a hot and difficult problem in our judicial system.The notarization system stipulated by our country's laws on granting the documents of creditor's rights the effectiveness of compulsory execution,has made creditor's rights directly enter the enforcement procedure with no need of judicial adjudication,which is one of the effective methods for us to explore and study the solution for the mechanism of diversified dispute settlement,and has great significance in shortening the course of our long-standing litigation exhaustion,preventing and settling economic disputes,and providing a quick and easy way to realize creditor's rights and improve social credibility.However,the development of the notarization system on granting the documents of creditor's rights the effectiveness of compulsory execution in our country has long been lagging behind,let alone lack of theoretical research and different views of practice,which suggests a serious disconnect between the original intention of designing this legal system and the increasingly frequent civil and commercial exchanges in China.In particular,the growing deterioration and increasing challenge of the status quo has greatly restricted its due functions and severely hampered the development of notarization and the views of notary system.Although the legal system of notarization in China is still in the minority legal service scope,in recent years,relevant functional departments in our country have been making unremitting efforts to improve the legislation and clarify the operation procedures,by which,the notarization legal service should be and can also be accepted and acknowledged by more and more people,thus making contribution to the increasingly complex economic society.In this thesis,I take the current situation and the existing problems in the area of my practice as a breakthrough point,through the case studies,elaborate the main contents regarding the notarization system on granting the documents of creditor's rights the effectiveness of compulsory execution,and analyze its theoretical basis.Based on the comparison of extraterritorial legislation,I put forward my legislative suggestions to improve the notarization system on granting the documents of creditor's rights the effectiveness of compulsory execution in our country,in order to promote the sound development of the said notarization system.
Keywords/Search Tags:documents of creditor's rights, notarization, practical problems, compulsory execution, suggestions to improve
PDF Full Text Request
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