| Information disclosure duty is a worldwide complicated problem, which has various stipulations in different countries. In modern society, because of the specialization and precision of division of labor, every subject faces unimaginable informational asymmetry. Now the worst condition is that we do not have any information about a modern product, such as material, structure, composition, the risk caused by the factors mentioned above, etc. This specialization has resulted in binary or multiple differentiations, one of which is the dominant position in the party and the other at a disadvantage. But through the establishment of pre-contractual information disclosure duty system, this problem can be solved.Part I, the function of pre-contractual information disclosure. Through information disclosure, we can: protect the real freedom of contract by balancing the trade status of the parties; Second, maximize the social wealth by accelerating the dissemination of information and promoting trade; Third, support the principle of morality, honesty and credibility. Social morality indicates that when one party knows a material fact that is relevant to a proposed contractual traction, and knows that the other party does not know the fact, nondisclosure normally is sharp dealing, or a kind of moral fraud; Forth, optimize the allocation of resources, making the best use of the best values. Considering the features above and comparing different views of foreign scholars, P. S. Atiyah, Henry Mather and Melvin A. Eisenberg, we decide that the information disclosure should be the principle of pre-contractual information disclosure rules and non-disclosure of the exception.Part II, the composition of the duties of pre-contractual information disclosure. Because of various kinds of contracts, it is impossible to explain one by one. So against their common characters, we set sale contract the most representative one as an example, talking about three main aspects, the requirements of subject, object, and the way to get information. The premise of information disclosure obligations is that when making a contract one party has the information superiority as well as their knowledge to their own advantage. The requirements of subject: (1)the seller has the information superiority. This consideration is based on the seller's advantage of getting information and incentive of getting the object; (2)a relationship of trust between parties. The setting of this principle is based on honesty and credibility, which includes not only fiduciary relation, but any sustainable relationship. The requirements of object: (1)the information is very important. If the information would affect whether the parties will make the contract or whether they will make it at current prices or terms, then it is important; (2) the information does not have social value. Information disclosure obligations should be based on considerations of the interests of the whole society, because the law could not take care of each individual. The law should provide adequate incentives to seek information of social value. To the contrary, the information with no social value should be given information disclosure obligations. The requirements of the ways to get information: (1) this information is obtained through an unjust means. The most sufficient reason of setting this rule is that the law does not encourage the adoption of unfair means to obtain information; (2) this information is obtained by accident. The cost of information which is got occasionally is not high or even zero. In this circumstance, the disclosure of the information will obviously not be a huge cost, which is in line with the principle of disclosure. If you have one condition above or more, you may have the information disclosure obligations, but not necessarily. Then according to these requirements we systematically make a summary and get the important information for the process of contract. When the information is obtained through improper means or the trust relationship of both parties exists, the part having the information superiority must disclose the information; when information is owned by the seller or it is obtained occasionally or it does not have the social value, it usually require discoursing. However, there are three exceptions: the unknowing party has a wrong assumption, which makes the party suffer disadvantages; or the unknowing party has considerable attention obligations, or its failure to implement a reasonable investigation; or disclosure is not required in the social practice. But under every circumstance, when the parties disclose the information, they need to disclosure it and give an explanation using easily common terms.Part III, remedy for the breach of the duty of pre-contractual information disclosure. According to China's current law, there are two ways for victims to remedy: the right to draw back or change their contract as well as damages based on pre-contractual liability and liability for breach. The most beneficial and direct remedy for victims is to the liability for breach, which requires less fault, and the range of its damages is based on the expected interest. The damages contain direct losses and foreseeable indirect loss. Part IV, suggestion to the China's"Contract Law". China's current law has the relevant provisions about the consequences of not disclosing information, which has already been in different parts. They directly provide the way of remedy. But we do not have the pre-contractual disclose duty, which leads to the application of the remedy, and do not establish a integral system. As a result, before the parties enter into the contract, the law fails to provide definitive guidelines and couldn't make a good deal when the dispute occurs. In Commercial Law, the regulation of this part is achieved by Tort. Such way can be a reference to the establishment of the disclosure system.Finally, on the basis of modern improvement methods of law, from the aspects of improvement of legislation, expanded explanation, and restrict to the judge's discretion, I want to make following recommendations to China's"Contract Law": In legislation, we should set a general provisions of pre-contractual information disclosure obligations, and do some change about the existing rules in order to construct the disclosure system; To establish information disclosure obligations system. In this process, we should use; legal interpretations of the existing law to make up for the deficiencies, and play an important role in speeding up this process. At the same time, in the relevant judicial practice, we should restrict the judge's discretion gradually to reach an appropriate level.
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