Walk into the private law autonomy of the new century

Author: Su Yongqin
Publisher:
Publish Date: 2002-08-01
Features: Private law autonomy, as the highest guiding principle of civil law, has not shaken its foundation in the 20th century, a period of significant changes in the relationship between the state and society. On the contrary, as humanity enters the new century, it seems to have gained a fresh understanding of this great principle. Navigating the government, regulating innovation, fostering partnerships, and the "third way"—all depict the same vision from different angles: empowering individuals with greater decision-making authority while also holding them accountable for greater responsibilities. When state regulation shifts from substance to procedure, the scope of autonomy expands significantly, yet the scale of regulation remains largely unchanged. It can be said that autonomy coexists with regulation, and regulation is embedded within autonomy. Due to the convergence of concepts, public and private law are organically combining, presenting unprecedented challenges to legislation and interpretation in both fields. At the turn of the century, we see widespread revisions of civil law. Taiwan's property law amendments can be seen as a minor tributary within the broader current, but have we correctly grasped the direction? This book compiles the author's analysis, offering an overall trend observation of property law, providing the mainland with reference points from Taiwan's legislative experience, exploring the appropriate functional allocation of fair law in administrative and civil enforcement, examining how the tort law system should operate to respond to the new relationship between regulation and autonomy, reconstructing servitudes in property law to facilitate autonomy, and even reimagining the fair court to mediate between industrial regulation and market competition under Article 46 of fair law. From a macro perspective to a micro one, it attempts to broaden the horizons of legal professionals.