Empirical Analysis Of The Non-enforcement Of A Notarized Creditor's Right Document

The establishment of the notary system makes the creditor’s rights disputes can be solved quickly and efficiently,and also provides a strong guarantee for saving judicial resources and improving judicial efficiency.However,due to imperfect legislation and unclear examination standards of the court and the notary office,there are frequent cases of not executing notarized documents of creditor’s rights,and even different judgments in the same case.In order to ensuring the efficient operation of fu strong notary system,we need to summarize and analysis the cause of its refusal to enforce,away from the court held that the reason of non-enforcement in,not only can get the judge to assign a strong insight into the ruling ideas and the applicable law of notarization,also can give the notarization place in notarization procedure and review the content to remind.By sorting out the cases of non-execution of notarized documents of creditor’s rights,we can understand the operation of the notary system and the specific reasons of non-execution of notarized documents of creditor’s rights.Starting from the goal of perfecting the notary system of fu Qiang,this paper discusses the basic theory of the notary system of Fu Qiang in the first part,and discusses the connotation and constituent elements of the system,paving the way for the development of the following.By analyzing the court’s ruling,we can find out more clearly why the court ruled against the execution of notarized creditor’s right documents.Therefore,the second part of this paper quotes a large number of cases,and through sorting and analyzing the cases,The author found that the main reasons leading to the disexecution of notarized creditor’s rights documents are the content of notarized creditor’s rights documents is inconsistent with the facts,the error of notarization procedure,the content violates the mandatory provisions of law and the error of execution certificate.In view of the reasons for not executing the notarization documents of creditor’s rights,the last part of this paper puts forward feasible suggestions to improve the system of notarization.Firstly,we should perfect the legislation,including setting up the chapter of notarization of notarization in the Notary Law,making clear the boundary between the civil rights and obligations and the facts,and making clear the limit of the highest interest rate.Secondly,the court should perfect the examination of notarized creditor’s right documents,and make clear the examination form,examination object and procedure examination standard of the court.Finally,we should perfect the examination of the notary office,including clarifying the examination obligation of the notary office and providing the professional ability of the notary.