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On the enforcement regime notarized documents

Author: GongLiZuo
Tutor: LiuJinHua
School: China University of Political Science
Course: Procedural Law
Keywords: Notarial documents Enforcement System improvement
CLC: D926.6
Type: Master's thesis
Year: 2011
Downloads: 109
Quote: 0
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Abstract


According to civil law notary system (or called Latin notary system) tradition certificate has unquestionable evidence and execution. In the notary system, giving notarial documents meet the statutory requirements to executive power, is the main business of a notary public, which is the state coercive power in notarial activities in an important manifestation. Notarized documents entrusted to enforce the effectiveness of the debtor fails to perform or improper performance of clerical obligations, the creditor may apply to the court to enforce directly, without having to go through legal proceedings, thus speeding up the process of the realization of rights, timely and effective protection of the creditors the legitimate rights and interests. Since 2003, China formally joined the international coalition after the Latin notary, notary system in our country has been developing rapidly. However, in our notarized documents enforcement regimes in other countries than the Latin notary Union has always developed slowly. This is mainly because of the lag associated notary legislation, the general content requirements, resulting in regulations across different understanding of the law, in practice, the use of non-uniform. These all affect the existence of the status quo of the enforcement regime notarized documents in judicial practice, to play its due role in prevention. In this paper, comparative law, analytical reasoning, historical analysis, interpretation and other methods, designed by the notarial document the meaning of the enforcement regime, historical evolution, characteristics, and its elaboration and analysis of the content of existing systems of national and regional comparison to find out in our legislation and practice related systems of gaps and propose measures to solve existing problems and hope to be able to enforce our notarized documents Perfection reference. This paper is divided into three parts. The first part is about the notarial document overview of the enforcement regime, the main analysis discusses the implications of the system, features, functions, theoretical foundation and values. The second part of countries and regions, mainly through notarial documents comparative analysis of the enforcement regime, and found that the system of rules and available for reference to the content and spirit. The third part of notarial documents mainly from the status quo of the enforcement regime, analysis of the existing legislative provisions and practical operation problems and shortcomings, and make perfect views of the author: include expanding the scope of the existing system, improve the implementation of the certificate system and review system, as well as refinement of litigation relief system.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Notary system
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