私法的最高原则和本质要求就是私法自治,私法具有内在治理与外部治理两种治理机制。任意性规范与强行性规范在私法中有着不同的价值取向,它们构成了私法自治的基础。现代私法还是应以自治为本质,不能太社会化,民法典的制定应以私法自治的精神为价值取向。 The highest principle and essential requirement of private law are private law autonomy. Private law has two governance mechanisms: internal governance and external governance. Arbitrary normative and mandatory norms have different values ​​in private law, which form the basis of the autonomy of private law. The modern private law should still be based on the nature of autonomy, not too socialized, and the formulation of civil code should be based on the spirit of self-government as the value orientation.