Empirical Research On Courts Disallowed Execution Of Notarial Debt Instruments

The court disallowed execution of notarial debt instruments,which is a negative evaluation of the legally-existing legally-recognized debt instruments made by the court ex officio,according to the application of the executor or by the debtor,and is a judicial treatment that excludes the possibility of entering the enforcement.The decision is the specific performance of the judicial supervision on the notarial debt instruments,the final checkpoint of the notarial debt instruments entering the enforcement procedure,and the remedy provided by the law for the obligor.Whether the court decides not to implement it directly affects whether the civil disputes contained in the notarial debt instruments can be enforced,and whether the creditor's claims can be successfully realized.The Supreme People's Court officially enacted on October 1,2018,the Provisions on the Implementation of Several Issues Concerning the Implementation of Notarized Creditor's Documents,as the first judicial interpretation of the special enforcement of the notarization system,has solved many problems in practice,it includes provisions for distinguishing the review and the treatment between serious procedural errors and the causes of physical errors,the application for non-execution,the principle of non-stop enforcement of enforcement and the separate enforcement,to a large extent,the practice of different courts in different localities has been unified.In order to understand the practical application status of the courts disallowed execution of notarial debt instruments and the impact on the judicial practice after the judicial interpretation,this article is mainly based on the first-hand information obtained by the courts and notary agencies that handle the enforcement of the notarized business,the information obtained from the analysis of relevant legal documents in the legal database is supplemented by empirical research,and it is found that the new judicial interpretation does not completely solve the problems in judicial practice.Firstly,based on the theory and regulations of the system of court disallowed execution of notarial debt instruments,this paper clarifies the concept and value of the system,theoretically discusses the principles that should be followed,and focuses on the analysis of the new judicial interpretation has brought about changes in the system in terms of program setting and practical application.Secondly,it analyzes the empirical data,refines the specific problems of its feedback,and summarizes the problems in the judicial interpretation of the provisions for the system in review process and proceedings.Finally,combined with the status quo of the society,other relevant laws and regulations,departmental regulations and other normative documents and industry norms and related theoretical theories,put forward the specific ideas for improving the system of court disallowed execution of notarial debt instruments,and to improve the diversified dispute resolution mechanism in China.