Value Analysis And Their Coordination Of Regulations On Autonomy Of Will And The Compulsory Stipulation Of Law

Autonomy of will, the spiritual essence of civil law, has already got the confirmation in Chinese legislation and judicial practice today. But, its implementation has received stern challenge from the compulsory stipulation of law. While to maintain and enlarge the scope of the autonomy of will and to make people have enough freedom to behave independently in the austere circumstances have became the inescapable duty of the civil law. This paper, through a deep analyze on the value of autonomy of will and the compulsory stipulation of law, indicated the important role of autonomy of will plays on the development of human nature, the development of economy, the construction of harmonious society, as well as the realization of law value. Meanwhile, it illustrated to us the important value of antinomy of will and pointed out that the compulsory stipulation of law is of great importance on maintaining the public interest, practicing good public morality and good and honest customs, and realizing personal interest, from which it refer to us that the autonomy of will and compulsory stipulation of law are of the same value, and propose a idea on enlarge the scope of autonomy of will. Then, this paper have a specific discussion on how to coordinate between autonomy of will and compulsory stipulation of law on some issues concerned with the basic principle of civil law and the reality of laws, the contract law, and the marriage law. Finally, this paper drawn a conclusion on how to maintain and enlarge the scope of the autonomy of will that autonomy of will, as the basic idea, basic principle as well as basic regulation of our country's civil law, takes up a fundamental statue on the legislation framework of our country, and people's right which based on autonomy of will should not be deprived without concrete compulsory stipulation in the law.