Research On The Information Disclosure Obligation Of Operators In The Conclusion Of Consumer Contracts

With the rapid development of consumer market,the continuous improvement of the level of urbanization and the increase of national family income,consumer transactions permeate into all aspects of people's life,every natural person is consumer,consumer rights and interests protection has become an important research topic.Consumer contract,as the link between consumers and operators,is the basic system in the protection of consumers' rights and interests,and the institutional arrangement and academic basis of operators' information disclosure obligation in the conclusion of consumer contract is one of the essence of consumer contract.Contract dispute case increases year by year in recent years,Operators false propaganda,shoddy serious damage consumers' rights and interests,investigate its reason,is rooted in serious information asymmetry between consumer and operator,as producers and sellers of goods and services,operators are very familiar with their operating environment or goods and services,while due to the insufficient knowledge level,cognitive ability,it is difficult for consumers to know such information,in the process of concluding consumer contract,It is easy for consumers to conclude a contract without sufficient information or careful consideration by the operator's persuasive words,which will lay a hidden danger for the occurrence of consumer contract disputes.At present,consumer market is experiencing unprecedented prosperity,while relevant domestic legislation and institutional guarantee have not been timely followed up,resulting in insufficient protection of the legitimate rights and interests of vulnerable consumers in the conclusion of consumer contracts.Therefore,it is urgent to construct a perfect system to adjust and regulate the contract between operators and consumers.Build the operators information disclosure system contributes to low cost,efficiently solve to the problem of information asymmetry between consumers and operators,keep operators and consumers stay equal consultation status,safeguard consumer contract the nature of fairness,and effectively avoid the happening of the consumer contract dispute,is of great significance to build a fair and stable consumption environment.This paper is divided into six chapters:The introduction,mainly involving the determination of the thesis and the choice of the analysis path,is the epistemological premise of this paper.Based on the research background,research status quo investigation,on the basis of analysis,determine the thesis operator information disclosure obligation in the contract concluded for consumer research,establish in the theoretical framework of consumers' rights and interests protection of the obligation theory field of vision,at the same time,to be clear with the research method,the research significance,etc.The first chapter mainly discusses the basic concepts of the operator's information disclosure obligation in the consumer contract.Firstly,it clarifies the connotation and characteristics of the operator's information disclosure obligation in consumer contract.Secondly,it defines the participants of the operator's information disclosure obligation in consumer contract.Finally,starting from the information requirements mastered by both the operator and the consumer,the establishment requirements of the information disclosure obligation of the operator in the conclusion of the consumer contract are clarified.Through the discussion of the basic concept of the obligation of information disclosure in the consumer contract,this chapter provides the basic theoretical support for the research.Chapter two discusses the theoretical basis of information disclosure obligation of operators in consumer contract.Based on serious information asymmetry between consumer and operator in consumers contract,this chapter from four viewpoints discuss:the principle of good faith and the evolution of the law of contract theory,in fact decided to freedom and justice in the form of private law autonomy,contract concluded with consumer contract stage of the process control,market failure and information on the protection of the weak.Chapter three defines the scope of information disclosure obligation of operators in consumer contract.this chapter first clear the factors that consumers determine the scope of the operator information disclosure obligation of contract should consider,then on the basis of fully considering the above factors to establish the basic principle that the operator disclose information scoping should follow;Secondly,in accordance with different trading patterns to set operators contracting scope of the obligation of information disclosure,on one hand,in view of the traditional trade mode definition of contracting scope of disclosure of information,clear the current lack of legislation at the same time,draw lessons from foreign legislative experience,building operators disclose information on the contracting scope;on the other hand,the scope of information disclosure obligations defined in Internet commerce trade mode is clear different from traditional model,except the traditional trade mode information disclosure,should also further disclosed to consumers such as uniquely express logistics information,credit information and other information;Finally,based on the disclosure of information about consumers contracting contract dispute cases,choose two types of products which in the largest number:food and cars,as a typical example of operators shall disclose the information in the conclusion of contract,to provide operational guidance for judicial practice.Chapter four clarifies the performance requirements of the information disclosure obligation of operators in the conclusion of consumer contracts.On the basis of clarifying the scope of information disclosed by operators in consumer contracts,how to set up the rules of obligation fulfillment to ensure consumers'understanding the disclosed information becomes the key to perform the obligations effectively.This chapter firstly analyzes the limited rationality and contracting decision-making process of consumers,so as to clarify the actual needs of consumers.Secondly,set up information requirement "easy to find" performance,consumers know the existence of the disclosure of information is the premise of the understanding process information,otherwise operator information disclosure is meaningless,on the other hand,set information requirement "easy to understand"performance,consumer understanding is is the premise and foundation of operator contracting information disclosure obligation,through set Plain language rules,giving consumers the full reading opportunity,explanations to the information,to realize the maximum guarantee consumer understanding of managers to disclose information;Finally,the paper takes the performance of the disclosure of service terms in the service agreement of the online trading platform provider as a typical example,to further deepen the understanding of the requirements for the performance of the information disclosure obligation of the operator in the conclusion of the consumer contract.The fifth chapter is to improve the legal responsibility of the operators for violating the information disclosure obligation in the conclusion of consumer contracts.this chapter first defined the nature of civil liability which operator violates the contracting the information disclosure obligations shall bear,through the analysis of current theory,clear the nature of liability for contracting negligence liability,and considering the maximum protection of consumer rights and interests,set the special requirements of the contracting fault liability rules;Secondly,on the basis of defining the nature of the liability,the scope of compensation liability undertaken by the operator in violation of the contracting information disclosure obligation is analyzed.The scope of compensation for the operator's damage is clearly limited to the loss of consumers' trust interests,but the trust interests should not be limited to the performance of interests.Finally,in view of the consumer contract dispute two controversial focus problems in the current judicial:the operator in violation of the fraud of the information disclosure obligation cognizance,"know fake while still buy fake" case operators to undertake an in-depth discussion of the punitive damages responsibility,further build and improve the operator violates the contracting the obligation of information disclosure legal responsibility system,provide regulatory guidance for the judicial practice at the same time,the full play of the utility of the information disclosure obligation of security operators contracting practice.