Research On The Implementation Of Notarial Creditor’s Right Documents

The system of enforcing notarized creditor’s rights instruments has played an important role in carrying out the function of notarization,saving judicial resources and promoting economic development.Its existence has a certain theoretical basis,and has advanced foreign experience can be used for reference.However,the relevant legislative provisions are more scattered and general,and do not form a unified system,which will always lead to new problems and controversies,so that the efficiency of enforcing notarization is greatly diminished.At the theoretical level,the scope of the instrument on the enforcement of notarized claims has been controversial.In practice,there are some problems,such as the non-execution of notarized creditor’s rights instruments and the irregularities of notary notarization process.These problems are mainly caused by imperfect legislation and are also related to the lack of an effective communication and coordination mechanism between Notary Institutions and Enforcement Courts.In order to solve the problem of the implementation of notarized creditor’s rights instruments,we should base on the present situation of our country,draw on the provisions and experience of the relevant system of extraterritorial countries,perfect the legislation as soon as possible,form a unified legislative system,and improve the legal level of the relevant provisions of the system of enforcing notarized creditor’s rights,and concretize the content,so It is also necessary to standardize the bridging procedures for the issuance and implementation of notarized creditor’s rights instruments,expand the scope of enforcing notarized creditor’s rights instruments,and specify them.The Notary Institution should change to the service-oriented thinking,improve the quality of the notary creditor’s right instrument by perfecting the notary procedure standard,improving the professional quality and professional ethics of the notary team.In addition,perfecting the civil legal liability system of notary institutions and exploring the long-term interactive communication mechanism between Notary Institutions and the Executive Court are also important ways to guarantee the efficiency of enforcing notarization.