On The Examination Of Notary Institutions In The Enforcement Of Notarization System

As an important part of the notarization,the mandatory enforcement notarization system plays an important role in preventing and resolving disputes,and shows unique advantages in the diversified dispute resolution mechanism.The smooth operation of the compulsory enforcement notarization system is closely related to the court’s recognition of notarization documents issued by notary institutions during the execution stage,and the court’s recognition of notarization documents issued by notary institutions depends on the quality of the notary institution’s review work.It can be seen that the review of the notary institution in the mandatory enforcement notarization system is the most critical link.Only by accepting the principle and executing the following,and rigorously treating the review link can the quality of the notarized credit documents and the rights and interests of the parties be guaranteed.Important conditions.The review work plays a key role in the enforcement of the notarization system,which mainly includes the review of the creditor’s rights documents after the notary institution accepts the application,the review of the issuance of the enforcement certificate,and the review by the court after the enforcement stage.In the compulsory enforcement notarization system,the review of the notary institution includes the review of the notary institution’s enforcement effect on the notarized creditor’s rights document and the review when the enforcement certificate is issued.Based on a large number of academic papers on notarization review and enforcement of the notarization system,studying the basic theories and academic views in the literature,and analyzing the relevant norms of the enforcement of the notarization system,including laws,judicial interpretations,departmental regulations,industry regulations,and policy announcements,in order to fully understand the legal connotation and standard purpose of the system,and understand that the important content of the notary institution review in the enforced notarization system includes:the scope of application of the enforced notarization system,the identity of the applicant,the relationship between creditor’s rights and debts,the creditor’s rights document contract Validity and the content of the enforcement certificate.Based on the project of "Enforcement of Notarized Creditor’s Rights Documents",through sorting out and summarizing the interview data of the notary office and the court and the first-hand data information obtained,it is found that the notarization review in the enforcement of the notarization system mainly has the following problems:the existence of the review standard of notary institutions Disputes,the practice is not uniform in the specific review work;the notary institution encounters multiple difficulties and obstacles in the review process,including the difficulty of verifying the identity information of the parties,the difficulty of identifying false materials,the poor connection between the notary institution and other departments;the relationship between the notary institution and the court There are conflicts of understanding between the content of the review and the procedural issues of the review,including the scope of application of the notarized creditor’s rights document,the application period for enforcement,the change and addition of the executor and the person subject to enforcement,and the perception of non-execution.The compulsory notarization system has far-reaching significance as an important part of the mechanism for preventing and resolving disputes,and the smoothness of the notarization review work has a significant impact on the function of the entire compulsory notarization system.Therefore,the improvement and perfection of the compulsory notarization system Notarization review is of great significance.On the basis of fully demonstrating the current status of the enforcement of the notarization system,the solution to the existing problems is proposed,including:first,clarify and refine the relevant norms of the notarization agency for the enforcement of the notarization review;second,deal with the notarization review and the court reasonably The relationship between review;third,improve the specific procedural issues in notarization review;fourth,establish a notarization information system,and strengthen cooperation between notary agencies and relevant departments;fifth,speed up the construction of notary teams and improve the level of notarization review.