Reconstruction of the Enforcement Certificate System in the Interactive Perspective of Notarization and Enforcement
The function and positioning of the enforcement certificate is directly related to smooth interface between notary and enforcement procedures,and is also a key issue that the existing legal norms and the new draft of civil enforcement law do not conclusively address.In order to reconcile the tension between expansive scope of notary's scrutiny and restrictive legislative trend,the proving power should be divided into the scope of lia-bility that may constitute a tort(including formal elements,substantive elements,subjective scope of enforce-ability)and the scope of services that are exempt from damages(including objective scope,temporal scope of enforceability).The procedure for the fulfillment of notarial verification obligation implies unreasonable allo-cation of the creditor's burden of proof,low utility of the debtor's objection mechanism and excessive verifica-tion responsibilitie of the notary.So the verification of enforcement procedure should return to formal review and formal standard.The enforcement certificate has resulted in an industry-wide internal remedial mecha-nism consisting of reviews and their complaints.An external and independent remedial mechanism shall not be set up,so as to rectify the tendency of judicial practice revitalizing disputes around the enforcement certif-icate.
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维普
