A Comparative Study of the Enforcement Systems of Notarized Claims in China and Abroad: Legal Framework, Effectiveness and Challenges

This study thoroughly explores the enforcement system of notarized debt instruments in China and abroad, analyzes the legal origin and framework of the system in China, the effectiveness of its operation, the challenges it faces in practice, and describes the characteristics of the enforcement notarization process that take into account justice. Through the study of the systems of representative countries such as Germany, Japan, France, and Taiwan, it is found that there are differences between jurisdictions in terms of the legal framework, the effectiveness of enforcement, and the challenges faced by different jurisdictions. The study shows that the differences in legislative models stem from the legal traditions of different legal systems, and the normative content focuses on reflecting the economic and social needs of each country. With regard to the effectiveness of enforcement, different provisions on the statute of limitations for commencement and the strength of enforcement had a significant impact on the realization of claims. It also identifies challenges to the enforcement of notarized claims in China, such as the difficulty of notary publics in fully reproducing the truth in the prior examination, the uncertainty of legal authorization of notary publics before issuing enforcement certificates, and the content cycle of the court in enforcing notarized claims. At the same time, it puts forward suggestions to improve the enforcement system of China's notarized claims, including improving the legislation of the enforcement system of notarized claims, standardizing the notarization procedures of notary public institutions to enhance the effectiveness of enforcement, and rationally interpreting the rules of judicial review. In order to provide useful reference for China's relevant legislation and judicial practice, and to realize a better balance between justice and efficiency.