Research Of Restriction On Autonomy In Private Law

In the period of traditional civil law, major capitalist countries take laissez-faire policy, so the autonomy expands. But, an increasing number of restrictions have been imposed on autonomy in the modern civil law. The reason of restricting the autonomy in the private law is to protect social public interest and other people's interests, which is acknowledged by the academic scholars of private law. The acknowledgment is not integral, for some legal rules of private law indicate that the restriction on autonomy in private law is not to protect social public interest and other people's interests, but to protect person's own interest. In some realistic cases, personal autonomy may damage his or her own interest, and the damage is not his or her own real idea, or his or her conduct will bring about irreparable consequence. The law which is restricted autonomy to protect personal interest is paternalistic law.This article studies on the restriction on autonomy in private law from the perspective of legal paternalism. It has four parts. The first part elaborates the concept, the character, the categories and the relative values of legal paternalism. The second part proves the reasonability of restriction on autonomy in private law by paternalism, from the perspective of amendment of the theory of autonomy in private law and the building of private law system in our country. The third part studies on the limits of paternalism, that is, anti-restriction of restriction on autonomy in private law by paternalism. The fourth part analyses some paternalistic rules in our private law according to legislation.