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由于婚姻家庭承载着特殊的社会价值与职能,结合我国当前的国情,意思自治原则在婚姻家庭领域的扩张以及婚姻契约化进程需要循序渐进,婚约制度和夫妻财产制度要进行完善,确保个体权利与自由的充分发挥;同时,在婚姻家庭涉及的社会公共利益领域、道德领域,不能依据当事人意思自治对其负有的身份性权利加以变更。婚姻法领域意思自治原则扩张的内涵与基础,在肯定婚姻家庭领域实行意思自治的同时也需要国家公权力的适当介入与干预。
Due to the special social values and functions of marriage and family and the current national conditions in our country, the principle of autonomy of will needs to be gradually expanded in the field of marriage and family and the process of deed of marriage. The marriage contract system and the system of marital property should be perfected to ensure the rights and freedoms of individuals ; At the same time, in the field of social public interests and morality involved in marriage and family, it is impossible to change the identity rights that it has under the autonomy of party. The connotation and foundation of the expansion of the principle of autonomy of will in the field of marriage law and affirmation of the autonomy of intention in the field of marriage and family also require appropriate intervention and intervention by the state public authority.