Research On The Enforcement Of Notarized Creditor's Rights Documents

In order to establish a sound and perfect system of enforcement of notarial creditor's rights documents,China has regulated many legal documents,such as Notary Law,Civil Procedure Law,Rules for Notarization Procedure,Provisions of the Supreme People's Court Concerning the Application of the “Civil Procedure Law of the People's Republic of China”,and other judicial interpretations of the Supreme People's Court.However,the existing legal documents on the enforcement of notarial creditor's rights document are not meticulous and unified,so the judicial practice of many issues remain controversial and the standards of different courts are quite confusing.This article takes the notarization compulsory execution case between Anding company and Wuxi Yiren as the primer and tries to organize the system's current development,analyze the remaining problems,aiming at solving these problems.The article is divided into four parts:the first chapter introduces the notarial creditor's rights documents enforcement case between Anding company and Wuxi Yiren from signing the Commissioned Loan Contract,going through the Intermediate People's Court—the High Court—the Supreme People's Court—the Supreme People's Procuratorate intervening in supervision—the Supreme People's Court's final rule,the whole legal process,the focuses of the case and all parties' arguments are presented;the second chapter introduces the concept and development course of the enforcement system of notarial creditor's rights documents;the third chapter is the most important chapter of this paper,combining with the existing legal provisions,academic theories and judicial practice experience,the paper summarizes,combs and analyzes the key points,hot spots and difficult problems in the case involved and in the present system,including the scope of the notarization creditor's rights documents,the enforcement basis,the cohesion between pre-action security and other procedures,and selective jurisdiction of Railway Transport Courts;the fourth chapterreturns to the case,combining with the legal analysis in the third chapter,views on the case between Anding Company and Wuxi Riren and proposals for legislating a specific judicial interpretation to perfect the enforcement system of notarial creditor's rights documents have been put forward.