从法律行为的制度结构看民法中的私法自治原则

Studying System Structre of Legal Act for the Pringciple of Autonomy of Private Law

私法自治原则是民法的灵魂与核心,其自产生以来与时俱进而不断完善,尤其曾面临私法社会化思潮,私法自治原则通过自我修正,不仅保存了其固有内核,而且顺应了时代的要求,使民法走向现代化。现代民法创设了法律行为制度来具体体现这一原则,产生了法律行为的双重结构。法律行为的成立和生效既分别适应了私法自治在不同方面的原则要求,又相互连结,珠联璧合,共同实现并维护着私法自治的民法价值与功能。

The principle of autonomy of private law is the core and soul of civil law. The system of legal act has been set up in modern civil law which embodies the principle of autonomy of private law, and in which the dual structure of legal act has been created also. Establishment and validation of legal act are adapted to different kinds of requirements in principle of autonomy of private law respectively, with the cooperation of which, value and function of autonomy of private law are realized and maintained.