Empirical Research On Disallowed Execution Of Endow Enforcement Notarization

The notarized creditor's right document that grants the force of enforcement,when the debtor defaults,the court may apply for direct enforcement according to the creditor's application.However,in practice,it enforces notarization and enforcement.If the debtor raises an enforcement objection to the court,because there is no detailed provision on how to review the court,the court has greater discretion and often fails to enforce it.Creditors can only file a lawsuit in the court Instead,the case is delayed.In order to study the operation of the strengthening notarization system in a more comprehensive way,the author participated in a one-year national empirical research activity on strengthening notarization documents during his graduate studies.During the investigation,I visited a number of urban notary offices,notary associations,and courts,and interviewed relevant personnel to obtain a large amount of first-hand information,and found that how to improve the implementation of strengthening notarization is a matter of concern in the practical world.After studying the relevant academic literature,it was found that the situation of nonexecution through research can provide more targeted recommendations for the enforcement of the notarization.After analysing the rulings on the online search of Chinese judgment documents involving the notarization of enforcement and the cases of nonenforcement provided by the notary office in the investigation,the author sorted out the cases of non-enforcement and found that the current situation of non-enforcement in practice is not only There are errors in content,errors in the execution of certificates,errors in notarization procedures,and uncommon situations such as the strengthening of notarization documents containing litigation clauses and the death of the parties.Even if the common reasons such as the content of the notarization document are wrong,the situation involved is very complicated.At the same time,the author finds that the academic circles' criticism of the court's ruling on non-execution is strictly inappropriate.A considerable part of the cases of the court's non-execution are problems arising from the notary's own review.Although the law does not clearly stipulate that the ruling cannot be enforced,the ruling It is appropriate not to execute.Then the author sorted out and analyzed the interview materials in the investigation,studied the notary office and court review methods,and explored the reasons for the non-execution.The fourth step is to improve the enforcement of the notarization by making recommendations to the notary office and the court.It is mainly divided into two parts.The first part is the recommendation of the court's review method.The main principle of the court's review is formal review.Passive substantive examination is supplemented.The standards for examination are appropriately relaxed and the examination procedures must respect the actual situation,recognize the auxiliary work of notary assistants,and protect the interests of creditors.The second part is to suggest that the scope of notarization by the notary office should not be too large.Strictly abide by the law when reviewing the content,reduce the burden of court review,contact the court in time,revise the execution certificate,and promote the smooth execution of the notarization.