在民事活动中,意思自治原则贯穿于始终。而在发生争议提起诉讼时,当事人意思自治原则也是解决民事案件的一个重要司法原则,贯穿于诉讼程序的始终。在诉讼起始体现为诉讼的提起由当事人本人自行决定,当事人不主动申诉,法院没有必要去主动干预,即“不诉不理”原则;在审判过程中,则体现为审判人员在庭前的调解和判决前按程序要对当事人进行和解,当事人可以有机会通过平等协商、互相谅解达成调解协议,充分显示了对当事人意愿的尊重;而在诉讼终结对标的的执行过程中,虽然不能由法院进行调解,但当事人可以根据意思自治原则进行执行和解。 In civil activities, the principle of autonomy of will runs through from beginning to end. In the event of a dispute, the principle of party autonomy is also an important judicial principle for settling civil cases, which runs through the litigation process. At the beginning of the litigation, the litigation was initiated by the parties themselves, and the parties did not take the initiative to appeal. The court did not need to take the initiative to intervene, that is, the principle of “not complaining”; in the process of trial, Prior to the mediation and judgments according to the procedure to reconcile the parties, the parties have the opportunity to reach an agreement on mutual agreement through equal consultation, mutual understanding, fully demonstrated the wishes of the parties respect; and in the process of execution of the litigation, though not The court mediation, but the parties can implement the principle of autonomy of reconciliation.