CAJ | 학술논문

由于普通法的僵硬体制无法满足社会需,英国法上发展出了衡平法制度,这也是神权、王权、贵族和法律阶层之间斗争的产物。随着资本主义工商业社会的兴起,大法官身份的世俗化转变,促使衡平法的管辖权逐渐发展起来,最终实现从＂良心＂裁决到＂法律＂规则的转型和发展,成为英美法系的重组成部分。历史唯物主义地考察这一制度的形成过程,可以为当前推进我国依法治国与以德治国相结合提供有益借鉴。
유우보통법적강경체제무법만족사회수,영국법상발전출료형평법제도,저야시신권、왕권、귀족화법률계층지간두쟁적산물。수착자본주의공상업사회적흥기,대법관신빈적세속화전변,촉사형평법적관할권축점발전기래,최종실현종＂양심＂재결도＂법률＂규칙적전형화발전,성위영미법계적중조성부분。역사유물주의지고찰저일제도적형성과정,가이위당전추진아국의법치국여이덕치국상결합제공유익차감。
Since the inflexibility of Common Law was unable to meet the needs of the social development, system of Equity came into existence, which was also the result of the political struggle among theocracy, kingship, the nobles and the legal society. At the same time, with the rising of the capitalist industry and commerce, and based on the practice of secularized chancellors, special judicial jurisdiction of Equity gradually developed from conscience - based verdict to tangi- ble entity law. In consequence, we can draw experience from the practice of Equity by way of historical materialism, which will help us to promote the rule of law combined with the rule by virtue.