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西方社会法律自治理念包括规则、机构、思维和职业自治四个层次的内容。为实现排他性的法治目标,西方社会通过全面预设一套尽可能包容一切的法律规则,并辅之以“扩展机制”和“隔离-沟通机制,”保障法律的独立与自治。西方社会确立法律自治局面的历史进程及社会背景表明,西方法律自治模式是特定历史条件的产物,并不具有当然的普适性。
The concept of legal autonomy in Western society includes the four levels of rules, institutions, thinking and professional autonomy. In order to achieve the exclusive goal of the rule of law, the western society guarantees the independence and autonomy of the law by pre-setting a set of legal rules that are as inclusive as possible and supplemented by “expansion mechanisms” and “isolation and communication mechanisms.” The historical process and social background of establishing the situation of legal autonomy in western society shows that the pattern of autonomy of western law is the product of certain historical conditions and does not have the pervasive nature.