A Case Study On The Connection Of Notarial Institutions With Courts

In recent years,since our country comprehensively promotes the rule of law,with the development of China’s economy and society and the continuous advancement of judicial reform,people’s awareness of legal rights protection is becoming stronger and stronger,and the parties tend to court excessively,which will inevitably lead to a sharp increase in the number of court cases,a large number of cases in regional courts,a small number of investigators,a positive growth of contradictions and disputes,and a negative growth of judicial resources,The limitation of adversarial and high-cost litigation mechanism becomes more and more prominent,and the efficiency of judicial litigation cannot be guaranteed.As a preventive judicial certification institution,notarization certificate issued by notarization institution can provide strong judgment basis for court trial and promote trial activities to be carried out efficiently according to law.Notarized creditor’s rights documents with enforcement force can directly apply to the court for enforcement without litigation,which not only reduces the cost of judicial proceedings,but also reduces the burden of litigants.It can be seen that it is particularly important to realize the docking of notarial institutions with courts and to create a diversified dispute resolution mechanism.This paper mainly uses the method of case analysis,from the three aspects of inheritance relationship,evidence preservation and the enforcement of creditor’s rights documents,analyzes the problems existing in the practice of the notary organization docking with the court,and puts forward the countermeasures to solve the problems.In the process of inheritance dispute,the main reason is that the parties do not comply with the notarial procedure,and some of them are denied by the court The obligation of keeping good faith and the obligation of verification and verification shall be fulfilled by notarial institutions.In the relationship of evidence preservation,the notarization of evidence preservation can fix the evidence for the parties,and the parties can solve the dispute through private negotiation according to the content of notarization of evidence preservation,which can better and faster protect the legitimate rights and interests of the parties;the main problems of notarization of evidence preservation in court cases are procedural defects and the content of notarization can not prove the authenticity of the case;measures need to be taken We should strengthen and perfect the rules of notarization procedure,establish the scope of authority of notaries and improve their professional quality.In the process of compulsory execution,giving compulsory execution notarization can go directly to the court for execution without litigation,which saves the litigation cost for the parties and solves the problems of difficult execution for the court.In judicial cases,the main problems of giving compulsory execution notarization are the defects of notarization procedure and the nature of execution certificate.We should improve the notarization review system and establish the mechanism of connecting notarization institutions with the court.