意思自治原则作为涉外合同当事人选择合同适用法律的首要原则,从15世纪理论萌芽至今,已经历经数百年。它存在和发展不但有其理论价值,更有国际私法上的实践意义。本文将对意思自治原则在当事人选择法律的方式、时间、所选择法律的适用范围以及该原则下当事人权利的限制等问题进行探讨。 The principle of autonomy of will, as the first principle of the law applicable to the parties involved in foreign-related contracts, has been going through hundreds of years since the germ of the 15th century theory. Its existence and development not only have its theoretical value, but also have practical significance in the international private law. This article will discuss the principle of autonomy of means in the ways and times when the parties choose the law, the scope of application of the law chosen, and the restriction of the rights of the parties under the principle.