Disclosure Obligations Of The Operator

The main research content and conclusions are divided into four chapters:(i) Chapter One: Including definition of the concept of information disclosure obligation on the operator, information disclosure obligation on operators to introduce the historical development, as well as from the perspective of economics and law description of the functionality of the system. Focus is to work on goal clarity, clear expression, and to point out the differences comparing with other provisions. Clearly note the difference between the system and the present "Consumer Protection Act," provides real information obligations and obligations, the real Information obligation focus on the requirements of the accuracy of information, in fact is voluntary information disclosure, obligations warning shows focused on the personal and property protection on consumer outside product, should be less than the extent of information disclosure obligation.(ii) Chapter Two: Legal analysis of operator's disclosure obligations, to analyze the nature and functional advantages on the operator information disclosure system. First, the operator information disclosure obligation is to protect the consumers right to know, such an obligation system with a clear color of state intervention, it contains the functions of the protection of the weak and the overall efficiency of the pursuit of social are fully fit with Economic Law. Second, Through comparative analysis between information disclosure obligation on the operators and the private law obligation to inform the accompanying, Obtained the superiority of the system is that it can make up for deficiencies in private law, conflict resolution, to promote healthy competition in the market, to prevent disputes, reduce transaction costs, the special significance of elimination of hidden disputes.(iii) Chapter Three: Analysis of the legislative and inadequate on the obligation of information disclosure in China, base on "Consumer Protection Law", "Product Quality Law", "Advertising Law", "General Standard for the label" and other laws and regulations, and combined on a few typical cases in practice, point out that the current laws and regulations in China of operators disclosure obligations are not perfect, mainly: First, the operator is not clear that disclosure obligations, the only preference in the provision of false information on the restrictions; second, Failure to open wire operator of disclosure obligations, the circumstances under which operators must fulfill disclosure obligations, disclosure of information should be in what manner, how to handle conflict when meet the trade secret rights; third, not defined the operator fails to fulfill the obligation of information disclosure, resulting in the consumer's right to know can not get relief when the violation.(iv) Chapter Four: On Perfecting the information disclosure obligation proposal, mainly from the improvement of legislation and the improvement of accountability mechanisms. First, the expansion of the consumer right to information content, the law should be clear of consumers rights not only have access to true information , but have access to adequate and appropriate information; The operator of the open wire disclosure of the disclosure obligation, in relation to the right to life and health of consumers, monopoly industries, product warnings and recalls sale, consumption commitments agreed in the contract and other related matters of information disclosure to fulfill the obligation operator. Second, Mainly to establish civil liability, administrative liability supplement accountability mechanism, increasing the operator civil liability fails to fulfill disclosure obligations; Additional consumer rights or go back on the right of withdrawal, the formation of constraints on the operators to promote their full and true to the consumers of consumer information.