Analysis of "Private" Autonomy
Liu Man
Abstract
Liu Man
Abstract
Autonomy is the basic value of law.And the concrete content of private autonomy can be cut into two aspects——private law autonomy and autonomy of will,both of them are closely linked to each other while keep difference.The former lays emphasis on the independence of the law,and the latter lays emphasis on the independence of subject of civil relation.In respect of legal norms,the main part of private autonomy consists of the discretionary norm,but compulsory norm can interfere in for better autonomy.
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Autonomy is the basic value of law.And the concrete content of private autonomy can be cut into two aspects——private law autonomy and autonomy of will,both of them are closely linked to each other while keep difference.The former lays emphasis on the independence of the law,and the latter lays emphasis on the independence of subject of civil relation.In respect of legal norms,the main part of private autonomy consists of the discretionary norm,but compulsory norm can interfere in for better autonomy.
Key concepts: Autonomy, Independence (probability theory), Norm (philosophy), Law, Value (mathematics), Private law, Law and economics, Political science