| Among many notarized matters of notarization institutions,the enforcement of notarization of credit documents is particularly dazzling.It not only has the evidence effect of common notarization matters,but also has the enforcement effect above the common effect.The origin of enforcement notarization of credit documents can be traced back to ancient Italy,which was deepened by civil law countries.In the period of the Republic of China,there were already provisions.Later,China’s laws gradually refined and improved them.The notarization of compulsory execution of creditor’s right documents is favored by many parties because it directly applies to the court for compulsory execution beyond the trial procedure,and the number of processing is also on the rise.The essence of compulsory enforcement notarization of creditor’s right documents is that the state’s public power interferes with private economic activities,including two stages: Handling notarized creditor’s right documents and issuing enforcement certificates.The combination of the two stages is similar to the process of court trial,arbitration institution trial and arbitration,and has profound theoretical research value.This paper mainly studies from four parts.The first part analyzes the evolution and practice of the notarization system of compulsory execution of credit documents in China,including its historical origin,evolution in China,theoretical basis,operation framework and general situation.The second part mainly discusses the dilemma of the operation of the system in China,mainly including:(1)the dispute between the leniency and narrowness of the credit documents;(2)whether the intervention of the notarial institution to the party’s intention expression is justified;(3)the dispute about the Actionability of the notarial credit documents with the force of enforcement.(4)Disputes over the retention or abolition of the enforcement certificate system;(5)disputes over the non issuance of the enforcement certificate system.The third part investigates and analyzes the notarization system of compulsory execution of credit documents abroad(civil law system,common law system).The fourth part puts forward the corresponding countermeasures to solve the aboveproblems with the values of balance,justice and efficiency,mainly including:(1)the scope of the creditor’s rights documents should be open to new things,and the scope of the creditor’s rights documents should be appropriately broadened;(2)most of the intervention of notarial institutions can be attributed to the background information of the parties to form the correct meaning expression.Therefore,it is necessary to improve the behavior of the notarial institution intervening in the party’s intention expression;(3)the essence of compulsory execution notarization of credit documents is the behavior of the party giving up the right of action in order to obtain the right of execution,which is not actionable in principle,but the party should be allowed to regain the right of action under specific conditions,so as to protect the interests of the party to the greatest extent;(4)the notarial institution issuing the execution certificate All links should be optimized and adjusted: making clear the execution certificate as the legal basis for execution,introducing the rules of cross examination and debate to balance the rights and obligations of both parties,completing the verification procedures before issuing the execution certificate,issuing the execution certificate by using the judgment thinking,standardizing and improving the writing mode of the execution certificate,and establishing the notarization and mediation procedures before issuing.(5)Perfect the system of not issuing the execution certificate: systematize the system of not issuing the execution certificate,establish the relief way of not issuing the execution certificate by the notary office,prudently decide not to issue the execution certificate,and not to issue the execution certificate decision as a part of the essential notarization and the execution certificate system to be standardized.The notarization procedure of compulsory execution of credit documents is simple,fast and efficient,which is conducive to regulating civil economic activities and settling disputes.The notarization of obligatory execution of creditor’s rights documents has the advantages of trial and arbitration,and has no disadvantages such as cumbersome procedures and lengthy time.Therefore,it is necessary to take the enforcement notarization of credit documents as a powerful tool for non litigation dispute resolution. |
