论柯克的贸易自由思想

On Coke's Thoughts of Freedom of Trade

柯克的贸易自由思想主要包括通过法律约束国王颁授垄断特许权、维护臣民的贸易自由以及鼓励臣民从事合法贸易等内容。柯克秉持普通法传统和贸易自由思想,对国王颁授垄断特许权进行了长期的抗争,最终推动议会通过了《反垄断法》。这部法令集中体现了柯克的贸易自由思想,否定了大多数垄断特许权的合法性,保障了臣民的贸易自由,并创设了世界上最早的专利制度。柯克的贸易自由思想有利于消除贸易领域中的封建因素,推动自由贸易的发展,促进社会财富向资本的转化。

Coke＇s thoughts of freedom of trade mainly include restraining the king from conferring the monopoly franchises by the law, safeguarding the freedom of trade of the subjects and encouraging the subjects to engage in the lawful trades and so on. Holding the tradition of the common law and thoughts of freedom of trade, Coke struggled with the king for a long time. Finally An Act concerning Monopolies and Dispensations with Penal Laws and the Forfeitures thereof was passed in the parliament. This statute reflected Coke＇s thoughts of freedom of trade, negated the vast majority of the monopoly franchises and safeguarded the freedom of trade. This statute also established the first patent system in the world. Coke＇s thoughts of freedom of trade had helped to remove the feudal factors in trade, to promote the development of free trade and to speed up the fortune change into the capital.