The Rise Of English Equity

Common law,equity and statute are three different forms of English law,and modern English law is the organic unity of the three.Common law originated in the 12th century,as the main part of English law,in the history of the status of the law of the United Kingdom plays a decisive role in the common law research has also been the concern of domestic and foreign scholars.Equity,as another important source of the British legal system,is the rise of the common law and the unique complement and cooperation of the common law,which has become a distinguishing feature of the British legal system from other legal systems.With the increasingly complete legal system,legal rigidity and other issues become more apparent,the use of "equity" in this way has become an important reference for our legal construction,this profound study is also increasingly urgent.For the study of the two,the academic community tends to separate the two legal systems alone,self-contained.In this paper,from the perspective of the relationship between equity and common law,it is necessary to clarify the rise of equity,which is the result of the adjustment of social and economic relations and the fact that common law can not overcome its own shackles.At the same time,the unique method of equitable supplement and cooperation of common law is also the focus of this paper.Finally,from the dynamic development of the two developments,the changes in the relationship of harmony,friction,conflict and fusion can not be ignored,because it embodies the competition between the two legal systems for jurisdiction and the inclination of the monarchy On the rise of the legal system of the important impact,so that the rise of the early British equity has some "administrative" characteristics.In this paper,we hope to restore the real history of "equity" by understanding the above problems and understand the historical position of equity in the history of British law,so as to comprehensively understand the British legal system.In addition,through the exploration of the relationship between the two,Profoundly understand the stability and change of the law and the relationship between the rigidity and flexibility of the law,so as to provide ideas for the construction and progress of our country's legal system.The main body of this paper is divided into three parts:introduction,text and conclusion.The introduction part mainly expounds the purpose and significance of the topic,the current research on common law and equitable law at home and abroad,and the various historical materials literature.The main body is divided into four parts,of which the main content of the first chapter is the historical process of common law formation and the rigid problem after the formation.Highlighting the rigidity of common law is that the common law can not adapt to the results of social and economic development is unable to overcome the shackles of their own results.The main content of Chapter 2 is the issue of British equity.Which mainly refers to the common law,Roman law,church law on the impact of equity,can also be said that the "balance factor" is a historical trace.In addition,the establishment of the"Court of Justice" is of particular importance,and in this chapter we will examine in detail the process of establishing the jurisdiction of the Chancellor's Court.Finally,in the context of the Middle Ages,the early equitable law also showed the characteristics of the executive(the embodiment of the king).The third chapter mainly discusses the supplement and cooperation of the common law in the common law,mainly discusses the advantages and characteristics of the common law,the equity method in the procedure and the jurisdiction,and the equitable way from the two aspects to the ordinary Correction and supplement of law.The main content of the fourth chapter is about the relationship between common law and the development of equity.From the beginning of the 14th century to the 19th century,judicial reform,common law and equity into the parallel development of several centuries,during which the relationship between the two experienced a harmonious,contradictory,conflict,integration changes,both the performance of the two The competition of jurisdiction and the deeper level reflect the relationship between the stability and variability of the English legal system and the rigidity and flexibility of the law.Final part is the conclusion of this paper.The main argument that the emergence of equity is not only correct,supplement the common law,but also to promote the reform of the common law itself,to achieve the two legal systems to achieve the legal process of mutual cooperation,so as to add a major feature of the British legal system.