意思自治原则及其限制

The Rule of Autonomy of the Will and Its Limitations

意思自治原则是现代民法的基本原则之一,对民事主体在市场经济活动中的行为起着重要的规制作用,本文试从意思自治的基本内涵和历史发展脉络出发,进一步揭示其与市场经济的内在联系,并在充分解析意思自治原则的不足的基础上,提出要对其进行适当的限制。

The rule of autonomy of the will is one of basic principles in modern civil laws, and has played an important role in regulating action of civil subjects in market economy activity. The article tries to begin from fundamental meaning and historical development of the rule of autonomy of the will, and further uncovers the relationship of the market economy and the rule of autonomy of the will, and puts forward limiting properly the rule of autonomy of the will based on sufficient analyzing its shortage.