12世纪下半叶至13世纪上半叶的breve de recto和novel disseisin两类令状及其引导的诉讼形式的出现和运作,是英国普通法成型的关键。国外的相关研究成果迭出;国内则显薄弱。对两类令状的研究历程显示,梅特兰构建了以breve de recto和novel disseisin为顶底两端的解决土地讼争的层级结构,其后直至哈德森,认识逐渐深化,密尔松的新模式取代了梅特兰的理论,描述了以封建制为主轴的早期土地法的立体结构,并得到不断完善;对两类诉讼形式进行的较深入分析表明,在普通法早期,两类诉讼实体规则层面具有一致性,而在程序层面,新近剥夺占有令状既是公正令状的前置性令状,又是它的纠正性令状,其相互关系体现了深刻的管辖权变动。 The appearance and operation of the breve de recto and the novel disseisin in the second half of the twelfth century to the first half of the thirteenth century and their leading forms of litigation are the keys to the common law formation in Britain. Relevant foreign research results after another; domestic weakness. The research on the two types of writs shows that Maitland built a hierarchical structure to solve the land-based litigation with breve de recto and novel disseisin as the top and bottom ends. Later, until Hudson, the understanding deepened and the new The model replaced the theory of Maitland and described the three-dimensional structure of the early land law with the feudal system as the main axis, which has been continuously improved. A more thorough analysis of the two types of litigation shows that in the early period of common law, the two types of litigation entities At the procedural level, at the procedural level, the recent deprivation of possession of a writ is both a forward-writing warrant of fair writings and a corrective writ of its own, and its interplay shows a profound change of jurisdiction.