Studies On Certain Issues Of The Notarial Compulsory Execution System

With a very simple, quick and efficient procedure, the compulsory enforceability of notarization is playing an indispensable role in standardizing and guiding civil and economic activities, maintaining the order of law and protecting the legal rights and interests of the parties. However, the situation of compulsory execution in current practice is not satisfying for the related regulations of law in this aspect are too simple and principled. A large amount of notarized instruments of creditor's claims have not been duly executed, which seriously affects the development of this judicial system. Without paying enough attention to this issue, the system will be empty. Therefore, on the basis of the reality in China, with reference to international experience, this article discusses and aims to perfect the instruments of creditor's claims with compulsory execution effectiveness and the execution system in China as well.In Chapter one, the article raises the idea that law shall allow an agreement made by and between a debtor and a creditor on procedures for verification of breach of contract which is to be bestowed with enforceability by a notarization authority (similar to an agreement on clause of compulsory execution) and then discusses the contents of notification when a notary public is performing his duties with a notarization bestowing enforceability to an instrument of creditor's claims.In Chapter two, from the perspective of a notarization authority, the article proposes that, in order to embody notarization system of enforceability into the instruments of creditor's claims, we have to first specify the scope of instruments of creditor's claims to be gifted with enforceability, and it also discusses the issues of whether an instrument of creditor's claims with guarantee is within the scope of enforceability bestowed by a notarization.In Chapter three, the core issue in bestowing enforceability upon notarized instruments of creditor's claims is how to ensure the actual enforceability of a notarized document; to achieve this goal, the key point is to establish a set of effective procedure for the issue of execution certificates. In this chapter, we mainly discuss how a notarization authority issues execution certificates according to procedures, to comply the real standards of law.In Chapter four, this paper discusses how notarized instruments of creditor's claims are to be reviewed by the People's Court in respect of the necessity, standards, extent of review and objection against execution regarding to review of notarized instruments of creditor's claims by the People's Court.In Chapter five, if any wrong execution by the court is due to erroneous notarization, the notarization authority shall be responsible for the compensation after reverse of execution. And, notary public office and notary should bear civil liabilities administrative Liabilities and criminal Liabilities for erroneous notarization.