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我国属于法治型社会,借助法律来规范与约束公民的行为,进而打造和谐、安定的社会环境。在民法中,意思自治被认为是一项重要的原则,是民法运行过程中不可或缺的重要内容之一,其主要被应用到私法方面,就是个人可依照意思来形成私法意义上的权利与义务关系。然而,专业人士对意思自治的理解存在分歧,同时,合同法中的强制性缔约、消费者保护法等,都与意思自治产生了一定的冲突。针对此项问题,本文就意思自治在民法中的地位进行了深度的分析与研究。
My country belongs to the rule of law society, with the law to regulate and constrain the behavior of citizens, thus creating a harmonious and stable social environment. In civil law, the autonomy of will is considered as an important principle, which is an indispensable and important part in the operation of civil law. It is mainly applied to private law, that is, an individual can form the rights and interests in the meaning of private law according to his own meaning Obligations. However, there are disagreements among professionals on the understanding of autonomy of will. At the same time, the mandatory contract in the law of contract and the law on consumer protection all have some conflicts with autonomy of intention. In response to this problem, this paper carries out a deep analysis and research on the status of autonomy of will in civil law.