衡平法(Equity)作为英国普通法系统(Common Law System)里一种古老的法种,是在英美法系里由英国所产生出来的。然而在中国近代的法律体系下,一直没有得到其应有的重视。诸多缘由中,最为主流的一种说法是由于中国乃师承德国法制系统下的大陆法系(Civil Law System),为此,普通法本身只能作为一种弥补大陆法系统法律不足的参考。衡平法本身是普通法体系下比较古老且具有英国 Equity, an ancient law of the Common Law System in Britain, was born out of Britain in the Anglo-American legal system. However, under the modern legal system in China, it has not received its due attention. One of the most common reasons for many reasons is that China is the civil law system in Germany’s legal system. Therefore, the common law itself can only serve as a reference to make up for the inadequacy of the legal system in the civil law system. Equity itself is older and has Britain under the common law system