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随着涉外民事关系适用法的制定和相关司法解释的出台,意思自治原则已成为国际私法基本原则,其适用范围扩大。国际私法领域和民法领域中的意思自治原则具有内涵、本质重合性,同时也存在诸多差异。涉外法律的完善使意思自治原则在适用问题上有所发展。
With the formulation of the applicable law of foreign relations and the introduction of relevant judicial interpretations, the principle of autonomy of will has become the basic principle of private international law and its scope of application has been expanded. The principle of autonomy of purpose in the fields of private international law and civil law has its own connotation, essence and coincidence, and there are also many differences at the same time. The perfection of foreign law has made the principle of autonomy of will develop on the issue of application.