涉外合同选法中的意思自治在世界各国国际私法中都受到不同程度的限制。《罗马条例I》通过区分一般合同和特殊合同,以及对强制性规则类型化的方法,对意思自治基于不同条件进行了不同程度的限制,意图既能最大限度尊重当事人意思自由,又能够实现保护弱方当事人合法权益的法律政策。《罗马条例I》在较好地实现这一目标时,也存在着保护弱方当事人不足和空白的地方。对比《罗马条例I》的规定,我国涉外民事关系法律适用法对意思自治原则的限制存在笼统、适用条件不明确的缺点,会导致法律适用中的不确定性。我国的理论界和实务界在解释适用我国的相关规定时可以借鉴《罗马条例I》的相关规定来进一步发展我国法律。 Meaning autonomy in the law of foreign-related contracts is subject to varying degrees of restrictions in the international private law of all countries in the world. The “Ordinance I of Rome” restricts the autonomy of autonomy to varying degrees based on different conditions by distinguishing between general contracts and special contracts, as well as on the method of classifying the compulsory rules. It is intended to both respect the parties’ freedom of intent as much as possible and to achieve protection Weak party legal rights and interests of the legal policy. When the “Ordinance I of the Rome Statute” achieves this goal well, there is also a place for protecting the weak and the blank. Contrary to the provisions of “the Roman Ordinance I”, the legal application of the law on foreign-related civil relations in our country has its limitations on the principle of autonomy of autonomy in general and its application conditions are not clear. This will lead to the uncertainty in the application of the law. In explaining the relevant provisions applicable to our country, theorists and practitioners in our country can learn from the relevant provisions of the “Roman Regulation I” to further develop China’s laws.