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仅有完善的立法和公正的执法不足以建立和维系和谐社会。私法自治是民商法的基本制度,是和谐社会的必然,公权的设立和行使当以最大限度地维护私权为目的。私法的特点决定个体有权且必须在法律框架内自定合同、制度等自治性的具体行为规范以调整相关方的权利义务。如果这种自治行为合法、合理、科学、不生或少生争端,社会就和谐。由于法律知识和自治能力所限及专业分工不同,要实现真正平等的、公正的私法自治从而促进社会和谐,律师不可或缺。
Only perfect legislation and just law enforcement are not enough to establish and maintain a harmonious society. The self-government of private law is the basic system of civil and commercial law and the inevitable result of building a harmonious society. The establishment and exercise of public rights should be aimed at maximizing the protection of private rights. The characteristics of private law determine that individuals have the right and must customize the specific codes of conduct of autonomy such as contracts and systems within the legal framework so as to adjust the rights and obligations of the parties involved. If such an act of autonomy is legal, reasonable, scientific or not, it will lead to social harmony. Due to the limited legal knowledge and autonomy and the different professional divisions, lawyers are indispensable in order to achieve truly fair and equitable autonomy in private law so as to promote social harmony.