On Obligation Of Information Disclosure Of Merchants In The Commodity Sales

The article analyzed the merchants obligation of information disclosure, starting from its concept and the five aspects of character that include instantaneity,intergrity,objectivity,free of charge and relatedness. It was discussed formally by the name of"obligations of information provision"and determined in the law in France . Its development in other countries was also introduced in the article. Then, the article demonstrated the theoretical basis of obligation of information disclosure: the first ,honesty credit rule is the philosophical foundation of information disclosure obligations; the second, the changes of the justice of contract gave birth to the theory of the information disclosure of merchants from the freedom of form to that of essentiality; the third, correcting"market failure"and the protection of the weak in information provided the birth of information disclosure with social atmosphere. In the following part, the author analyzed how to define the content,methods and standards of information disclosure, proving that the attribution principle of merchants in breach of obligations of information disclosure is the principle of presumption of fault liability, as long as the merchants can not prove that they have paid enough attention to the disclosure of relevant information without damage caused to consumers, the merchants would be presumed to be guilty. Then, the author designed the responsibility that the merchants committed limited civil liability combined with administrative responsibility when they did not fulfill their obligations of information disclosure. At last ,the author pointed out many problems about information disclosure in our country at present: lack of veracity of information disclosure,not fully,not timely,not continuous,arbitrariness of information disclosure, and so on. According to these problems, the corresponding countermeasures were brought forward: the first, perfect the governance institutions of companies to improve the internal mechanism of information disclosure ; the second, promote the establishment of civil litigation corresponding to increase the extent of supervision; the third, improve the method of information disclosure; the fourth, force merchants to fulfill the promise in the advertisement.