Historical Analysis Of Law Merchant And Common Law In England(1606-1788)

"Where there is trade, there is law." thousands of years development verify the Montesquieu’s famous saying. As long as there is the existence of the commodity, exchange and trade will have to directly or indirectly to talking about commercial law, so the importance of commercial law is self-evident. Britain is one of the typical countries of Anglo-American law system, Britain’s commercial law also in western capitalist countries has a long history, perfect system, rich experience, for many countries in the world have an important impact. Therefore, the study of the England commercial law is very important.We know that the road of the development of English commercial law is actually in common law and equity law based, and statute law is being revised and supplemented by the Department of legal system. So simple introduced British case law rules or just explain the British statute law component parts of the law are not objective understanding of English commercial law actual content and value. English commercial law and common law once make integration, mutual absorption and reference, but in the end They went their separate ways. Only by combing the commercial law and common law divided historical trajectory, in order to truly understand the essence of English commercial law value, and ultimately realize its significance.The text is divided into five parts: Introduction 、 the original history and development road of the early England commercial law、the relationship between England commercial law and common law 、 The modernization of the England commercial law、conclusion.The introduction part mainly expounds the significance of the topic, and introduces the domestic and foreign current on the research status and the problem exists heavy and difficult to comb. For merchant law research, foreign literature is relatively rich by reference for the analysis and selection of relevant, clear writing ideas, and then to the structure of the paper do the basic work.Chapter one concerns about the British development of the commercial law. This chapter elaborates from two angles: the first is the commercial law in the domestic and foreign existing concept discrimination, the second point of view is combing the law merchant common law before the track, the British common law relationship.Chapter two focuses on the reason why England merchant law was absorbed by the common law,and this part will be divided into external and internal factors, external cause is the objective existence, although it has a certain effect, but the internal cause is the law merchant interrupted road of independent development. Chapter three presents introduction after the 19 th century British commercial law.Chapter three is the most important part of the article, and I studied merchant law from two aspects: the adoption of foreign law and the two justices, and i mainly talked about Lord Holt and Lord Mansfield, two famous justices.Chapter four did a summary of the research on the voices of doubt about "common law absorption law merchant".In addition, I will find out the similarities and differences between the new merchant law and the former merchant law. The significance and value of the common law of the merchant law are summarized through the comparative analysis.Finally, I will briefly summarize the English commercial law and common law from unrelated to the intimacy of enlightenment.On the one hand, The progress enable us to refleft on the development of Chinese commercial law; On the other hand, the process makes us to pay more attention to the legal in China, and try our best to multiple knowledge of law into the contemporary legal system.