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意思自治是法律中的一项重要原则,其体现了契约自由的精神,被广泛应用于世界各国的合同领域。意思自治的价值主要体现在三个方面,即有利于保障交易自由的原则、有利于稳定市场秩序、有利于促进国际商事活动开展;该原则适用于国际私法领域的合同当事人、合同形式、合同效力、合同内容、合同救济、合同解除等范畴。《涉外民事关系法律适用法》的颁布实施成为我国意思自治原则在立法领域建设的标志性事件,但在立法领域和司法实践、司法解释上还有进一步完善的空间。
Autonomy of will is an important principle in law, which embodies the spirit of freedom of contract and is widely applied in the field of contracts of all countries in the world. The value of autonomy of will mainly embodies in three aspects, that is, the principle that is conducive to the protection of freedom of trade is conducive to stabilizing the market order and promoting the promotion of international commercial activities. This principle applies to parties involved in the field of private international law, contractual forms, and contractual validity , The contents of the contract, contract relief, the lifting of the contract and other areas. The promulgation and implementation of the Law on the Application of Law Concerning Civil Relations Concerning Foreign Affairs has become an iconic event for the construction of the principle of autonomy of will in the field of legislation. However, there is room for further improvement in the field of legislation, judicial practice and judicial interpretation.