Research On The Perfection Of Enforcement Certificate System In Enforcement Notarization

Before the "Provisions on Several Issues concerning the Implementation of Notarized Creditor's Rights Documents" came into effect,the nature of the execution certificate was much debated.Although the current judicial interpretation characterizes the execution certificate as proof material,the nature of the proof material is not sufficient to support it as a necessary condition for applying for enforcement.At the same time,the functions carried out by the executive certificate in practice are not limited to proof.The executive certificate has many practical functions such as clear execution content,reducing execution errors,and accelerating execution efficiency.Through the investigation,it was found that the execution certificate system is difficult to achieve its expected effect due to the unknown nature of the execution certificate.At the same time,many procedural issues closely related to the nature of the execution certificate have been unable to obtain a definite response.The delivery of the certificate,whether the execution of the certificate should become a necessary condition for applying for enforcement,etc.It is necessary to reposition the notarization execution certificate on the basis of referring to the extraterritorial execution document system and the practical needs of our country.Clarifying the division of functions between the notary and the court in the review is the prerequisite for improving the execution certificate system.The execution certificate can not only include the entire content of the execution document,but also include some of the substantive execution requirements reviewed by the court enforcement agency,in practice,a notary office has the capacity and conditions to undertake some of the substantive execution requirements reviewed by the court 's enforcement agency.The basis for improving the system of execution certificates is to convert the execution certificate into an execution document to solve the problem of the lack of legitimacy of the execution certificate as a necessary condition for applying for enforcement.At the same time,many procedural issues related to the nature of the execution certificate can also be determined and Reasonable solution.At present,the review of the execution requirements of our country is basically the execution mode approved by the executing agency.It is undoubtedly a bold attempt to realize the division of labor between the notary agency and the executing agency in the field of mandatory enforcement of notarized creditor's rights documents.System reform laid the foundation.