Study On The Right To Know Of Consumers

In the consuming commercial activities, the different quantity of the information held by the buyer and the seller often lead to unfair transaction that not only damages the consumers'interests but also raises the cost and influent in the benign development of economy. Therefore, it is of necessity to establish the relevant system to complement the disadvantage of consumers in the possession of information. The right to know of consumers is just the one developed in the society in which the right is emphasized and the information is exploding. In the thesis, the author tries to briefly analysis the concept, evolution, characteristics, features, the basis of existence, the system of realization of the right to know of consumers in the framework of law of society. This thesis consists of three chapters. The first chapter is about the introduction to the right to know of consumers. Firstly, the author analyses the concept of the right to know of consumers. This concept first emerged in the forties of past century in America. At present, it is generally understood that the right to know, as a basic human right, exists in not only public law but also in private law. It means the freedom and the right of a natural person, a legal entity or other institute to know, obtain, according to law, various information relating to the right warranted by the law to the subject. The right to know of consumers, also known as the right to obtain information or the right to understand, refers to the right to obtain or get to know the information, knowledge or other things about the goods and service while he or she buying a good or service. Secondly, the origin of the right to know of consumers is briefly introduced. We may explore the origin of the right to know of consumers from the evolution of contract and the historical trace of the protection of consumers. The right to know of consumers can be traced back to the requirement of acting in good faith in business of the ancient times. And the indirect origin of the right to know of consumers is the obligations of telling the truth prescribed in the laws of modern times. The direct origin of the right to know of consumers is the emerging of the thoughts of law of society and the right of society in the 20th century. Further more, the author discusses the features of the right to know of consumers from three aspects. First, the features of the subject of the right to know of consumers are discussed. As a kind of right with the nature of the right of society, the right to know of consumers has a significant feature of subject, which is manifested that the subject of the right and the obligation is respectively specified as consumers and sellers or manufacturers. Those two subjects are equal in status but are not equal virtually concerning the information. Secondly, the object of the right to know of consumers is the true, full and timely information of consumption. The information of consumption is in accordance with the requirement of the object in private law since it meets the requirement of value for using and transaction and that it may be controlled by a person. In addition, if an information could be the object of the right to know of consumers, it have to be true, full and timely besides those requirements. At the end of this chapter, the significance of the right to know of consumers is emphasized. It is the need of realizing the legal interests of consumers. The dissymmetry of information is the main reason of the disadvantage of consumers compared with the sells and manufacturers. And the protection the other rights of consumers is based on the protection of the right to know of consumers. The premises of realizing consumers'right of safety, freedom, fair transaction and supervision is the right to know of consumers as well. Besides, the protection of the right to know of consumers is the need of maintaining the order of economy and establishment of credit system. Today, in our country, under the circumstances of constructing market credit system and promoting the domestic market and encouraging consuming, more attention shall be pay to the protection of the right to know of consumers in order to propel the development of economy in well order. The second chapter is about the basis of the existence of the right to know of consumers. In the field of law, every right emerges upon their own economic and social basis. The right to know of consumers as a newly developed right has its own economic and ethical basis for existence and development. Firstly, this chapter begins with the discussion of the economic basis of the right to know of consumers. The dissymmetry of information may leads tosuch influences as the increase of the cost of transaction and the waste of social resources, tort to the right of consumers, the problem of reverse choice, twisting the competition and restraining consumption and the development of national economy. Generally, the regulation of civil law of the dissymmetry of information cannot go beyond the circle of the equality of subjects. However, in the field of law of society or the economical law, the balance of interests may be realized by warranting consumers with special right and making the sellers and manufacturers burden corresponding obligations through the intervention government. Therefore, the emergence of the right to know of consumers may have a broad economic basis. Secondly, the philosophical basis of the existence of the right to know of consumers is also discussed in this chapter. The right to know of consumers as a newly emerged right, its emergence and development is in accordance with the economic basis and, at the same time, it has philosophical and ethical background. The evolution of modern freedom conception is the philosophical basis of the existence of the right to know of consumers. This chapter ends with the discussion of the jurisprudential basis of the existence of the right to know of consumers. The evolution of the philosophy from modern civil law and current civil law and the spring up of the society-centered conception is the philosophical basis of the right to know of consumers including the switching of civil law philosophy from equality of status to virtual equality and that the abstractive personality turns concrete and the switch of the systems in contract law. The third chapter is about the discussion of the realization of the right to know of consumers and relevant remedy system. The author argues that the study of the right to know of consumers should concentrate the research of system of practice and emphasize relevant innovation. Due to the complexity of the nature of the right to know of consumers, the realizing system would be diversified. The author first discusses the right ——obligation system for the realization of the right to know of consumers. The consuming behavior, in the sense of law, is a kind of civil transaction. the right to know of consumers may be found in the field of civil law. Hence, the relevant regulations of civil law are the first barrier for the protection of the right to know of consumers. The...