Chinese Problem Of Enforcing Notarial Creditor's Rights Writ Analytic Demonstration

As the successful experience of legislation in continental law system, the civil enforcement of the notarial creditor's rights writ is a process of multi-channel settlements of dispute, and one of the five current legal bases of Chinese civil enforcement. The nation shows its compulsive power when giving enforcement potency to the notarial creditor's rights writ without proceeding.This paper describes the current enforcement procedure of the notarial creditor's rights writ lengthways by means of substantial investigation and analyses the current problem in judicial practice by means of statistics and questionnaire positively.The paper is divided into 3 parts: the first part introduces the basic theory of the notarial creditor's rights writ enforcement system including specific legal relation, the value orientation to legislate and the structural analysis. And in this part the concept of the notarial creditor's rights writ enforcement is defined and compared with other civil enforcement legal writs and arbitral awards. Based on the introduction, a serial examination in substantial investigation is put forward.The second part which is the keystone of this paper analyses the concrete process of Chinese notarial creditor's rights writ enforcement cases substantially. After explaining why the objects are chosen and what are investigated, it discusses the process from accreditation to enforcement even till the end of enforcement by means of substantial investigation.The last part analyses the problems such as the enforcement basis of the notarial creditor's rights writ enforcement cases, the terms and ranges of the notarial creditor's rights writ, the courts' examination of the notarial creditor's rights writ, the time limit of application of the notarial creditor's rights writ enforcement, the alteration and supplement of applicants and the persons against whom an application for execution is filed and the legal responsibilities when mistaking enforcement, and states the author's own opinions.