法治视野中的意思自治原则

The Principle of Will Autonomy in the Visual Field of Rule of Law

意思自治原则作为资本主义民法的一项基本原则,在商品经济条件下产生,并随着资本主义经济的发展而不断发展。在现代市场经济条件下,意思自治原则仍应为民事法律的基本原则,而且其适用范围仍应不断合理扩张,但同时亦应得到合理限制。

As one of basic principles of the capitalism civil law, the principle of will autonomy was born on the condition of commercial economy and developed with the capitalism economy. Through the looking back of its birth and development, the explanation of legal theory in comparison with concepts related ,the active function in the legal application ,we regard the principle of will autonomy as one basic principle of the civil law, and its extent of application should be reasonably expanded, but should be reasonably limited at the same time.