法院不予執行公證債權文書的原因及其救濟

The Reasons Why Courts Do Not Enforce Notarial Debt Instruments and the Remedies for Them

通過深入分析實務案例，歸結出法院裁定不予執行公證債權文書的具體原因以及各方主體對法院作出的公證債權文書相關執行裁定的救濟路徑選擇，進而建構起更為科學的法院裁定不予執行公證債權文書之原因體系以及相關主體的權利救濟制度，以真正實現公證債權文書強制執行制度的立法旨趣和運行價值。

The system of enforcement of notarial debt instruments can effectively save judicial resources and reduce debt-achieving cost. Nevertheless, the proportion of notarial debt instruments not enforced by courts is fairly high, which renders creditors short of expectation about quickly realizing claims by notary procedure. In consideration of this, it is necessary to analyze practical cases to summarize the concrete reasons why courts do not enforce notarial debt instruments as well as the path of remedies chosen by different main parts, and then construct a more scientific system of the reasons why courts do not enforce notarial debt instruments and a more scientific system of the right remedies by relative main parts, which not only helps truly realize the legislative purport and the operative value of the system of enforcement of notarial debt instruments, but also provides a useful path selection for easing the pressure of the present situation in China where too many cases are for few judges to handle.