The Judicial Environment of Freedom of Contract:How Method of Law Saves Autonomy of Will

Judges are traditionally regarded as subjects in the interpretation of law in contract judgment,and this pushes the principle of freedom of contract which is the spirit of contract law into a dangerous situation.Discarding the philosophical interpretation of methodology and saving autonomy of will by means of resetting subjects of interpretation,however,have difficulties in practice giving consideration to the beginnings and the end.The autonomy of will in private law judgment needs to be realized in the dimension of method of law,and judges are the only subjects of contract interpretation under the methodology.Judges have to be in the condition of judicial restraint under the restriction of source of law,discovery of law,interpretation of law and other methods of law.It's just this kind of restrained jurisdiction that grants autonomy of will the most possible living space.