浅析英国普通法与衡平法的关系——以信托制度的演变为视角

A Brief Analysis of the Relationship between Common Law and Equity in England—From the Perspective of the Evolution of the Trust System

摘要: 英国法的三种基本法律渊源为普通法、衡平法以及制定法。作为英国法律的主体，普通法一直在英国法律史上扮演着至关重要的角色。衡平法是基于普通法的不足和缺陷而形成的，具有普通法所不具备的灵活性和创新性。本文选择信托制度这一具体切入点，通过阐述两种法律体系的发展过程，结合当时的经济背景探究了普通法的僵化以及随之兴起的衡平法，深入研究了信托制度的演变如何体现了普通法与衡平法的互动与博弈。文章阐明了衡平法与普通法之间推动补充、相互配合的关系，希望能加深对英国法律制度的了解，从而为我国的法治建设与进步提供思路。

Abstract: The three basic sources of English law are common law, equity, and statute law. As the principal body of English law, the common law has always played a crucial role in English legal history. Equity was formed in response to the deficiencies and defects of the common law, and possesses flexibility and innovation that the common law lacks. Taking the trust institution as a specific point of entry, this paper explains the development of the two legal systems and, in light of the economic background of the time, explores the rigidity of the common law and the consequent rise of equity. It further examines in depth how the evolution of the trust institution reflects the interaction and contest between the common law and equity. The article clarifies the complementary and mutually cooperative relationship between equity and the common law, hoping to deepen understanding of the English legal system and thereby provide insights for the construction and advancement of the rule of law in China.