Research On The Application Of Notarial Creditor’s Rights Documents

Notary system is an important means of governance of China’s sources,social life in China has an important role in the prevention of disputes and stability of social order,and both the protection of claims,cost savings and other unique role of the notary creditor execution system is of paramount importance.The system of execution of notarial credit documents in China can be traced back to the late Qing Dynasty and early Ming Dynasty.Although it has undergone tortuous and arduous exploration over the years,the development is still imperfect,and the practical application in China is relatively small,and the operation effect is not ideal,and the system has not given full play to its proper functions.Under the new situation of rapid economic development and in-depth reform of the multi-dispute resolution mechanism,the notarial creditor execution system,as a typical preventive legal system and non-litigation dispute resolution mechanism,has become an important issue in the development of notaries.The Ministry of Justice,in the "National Public Legal Service System Construction Plan(2021-2025)",has put forward the requirements of improving and perfecting the provisions of notarized creditor instruments on line to give compulsory execution effect,optimizing the interface with the execution procedures of the people’s courts and improving the efficiency of execution.As a system that combines both notary and execution procedures,the execution of notarial creditor instruments is a product of the joint action of notary and judicial power.This particularity also makes notarial creditor’s instruments different from other traditional bases of enforcement such as judgments and awards,which are characterised by the absence of res judicata and are based on the promise of enforcement.Based on this,this article uses various research methods such as literature research method,comparative analysis method and normative analysis method to analyze and study the execution of notarial creditor’s instruments.Firstly,it analyzes the characteristics and system effects of notarial creditor’s instruments and sorts out the institutional changes of the execution of notarial creditor’s instruments with a view to gaining a basic understanding of the system.Then,through an in-depth analysis of the execution of notarial creditor’s instruments in China,the following suggestions are made for the execution of notarial creditor’s instruments in China,taking into account the problems arising from the narrow scope of application of notarial creditor’s instruments,the unclear nature of the execution certificate and the defective review rules of judicial review in China’s judicial practice,after analyzing the system construction and notarial practice in Germany,Japan and Chinese Taiwan,etc.On the basis of strengthening procedural safeguards,the scope of application of notarial creditor’s instruments should be rationally expanded;the execution of certificates should try to reduce the examination burden for the enforcement agencies within the scope of authority of the supporting materials;and the existing judicial review of enforcement agencies should be reasonably regulated while adhering to the principles of moderate application and promoting development.Strive to give full play to the function of the notarial creditor’s instrument,in the new situation of dispute prevention and source of governance for the promotion of the continuous development of the notarial creditor’s instrument to provide reference,to promote the theory of self-consistent,coordinated system of the construction and development of the notarial creditor’s instrument implementation system.