Research On The Right To Know Of Consumers

Since March 15 has been made sure to protect a day for the consumer's right, and accompanied with the development of society and economy and people realize that the right is exist, which make the problem of consumer protection got widespread concern within the scope of world. In the consumer possess of numerous rights, the right to know of consumers is a count for much right. In the last years, our country consumer's right is violated and the ways are more varied, and pushes them to turn over continuously, which bring the life of normal social economy and people certain negative influence. This not only makes the manager cheat successfully and acquire other illegal benefit , but also makes basic need and legal rights of consumer can not get to satisfy, if illegal activities have not been seen, fake commodity will overflow more, the credibility of the manager is weakened, enlarge consumer purchase cost, be unsuited to market morals of the activities will wantonly run, trade of the uncertainty will greatly improved, the good and healthy market order will encounter breakage. As a result, protection of the right to know of consumers, just depending on the market regulation is shortage with information dissymmetry which brings negative influence, should even pay attention to the function of law, government, society and consumer oneself to guarantee well the realization the rights of consumers. Meanwhile, the right of consumers is the problem that the countries all over the world faces, along with the development of science and technology, consumption pattern especially the net trades , television direct selling, is new to consume , with traditional way to influence mutually developing. Governments in all countries know a necessity of stopping these torts, in order to guarantee rights of consumer, a lot of nations all promulgated a series of law. Our country also obtains certain result to this, but numerous illegal acts in the market is still a weak link of our country, existing many problems that must treat to resolve. This text starts with the general theories of rights of consumers, introducing a relationship with related right, explicit the rights of consumers is in the foundation position . Also pointed out the shortage is existed in practice and law, analyzed the reason that the right is often invaded, aiming at these shortages put forward perfect suggestion.The passage could be divided into four parts:The first part is introducing the basic introduction of consumer's right by a real case. A right always belongs to its own processes and ownership, through introduce these theories, which helps deepening the understanding of the right. Firstly this part described the meaning and classification of the consumer's rights, many countries in the world make a definite legal regulation about it, so there are many kinds of understanding . At the outset of this paper, the author explain the narrow and general content about the right in detail, further clearly point out the ownership of consumer's rights, then talking the right of consumers which is the consumer has the right which obtains the information concerning the merchandise and the service while purchasing or using a merchandise and accepting a service, and relevant knowledge and content knowing the commodity and serving, then explicit the consumer know concrete contents. Still analyzed the right of consumers relate with other rights in the meantime, pass to explain the right of consumers and selection right , safety right, the right to fair exchange, expressed the right of consumers is premise and foundation, have positive effect to the realization of other right, be placed in a very important position in the protection system of the consumer rights. Analyzed the rationality of the right later, explained our country have already had some conditions of it now, deepened to know the theoretical discussion.The second part inquiries into the conflict and moderation between the right of consumers and commercial secret. Any right exercise to have certain boundary, which is all in general use to any right, the rights of consumers is not exceptional. The right of consumers is for the sake of to be placed in a minority position of the consumer give special protection, and commercial secret is on the equal foundation the competitive advantage , the article explains from contents, protective benefits, right essence three aspects of the right of consumers and commercial secret, pointing out and keeping consumer abuse from knowing, and protecting the manager who possess of legal rights, will make two attain balance, can consider the principle of good faith ,benefit measurement and common interests.The third part is introducing the right of consumers usually is violated in the practice and current law about it in our country. Though a lot of laws involved consumer to know what happened power, such as"Consumer Protection Law", also have in"Advertisement Law","Product Quality Law"and so on. The author mainly manages from the goods price, market, publicity, quality etc, the law of the typical model to make and enumerate with analysis, but for the sake of better maintenance consumer of legal rights, this request still needs the law perfect. In the practice, the right of consumers is often violated, such as the manager do not answer the questions which is about goods and services, conceal the minor fault of goods intentionally, make misunderstanding and other illegal activities, put forward a challenge to the consumer. Author through in great quantities vivid true case, introduced these concrete situations which violate the right of consumers, closely detailed, thorough of announce to public its back existent reason-information dissymmetry, government, social group protection not full, the consumer neglects the right, the information dissymmetry between consumer and manager is the reason of the most.The fourth part is the thinking that how to perfect the right of consumers in our country. Aim at ascend one law within part contents, pointed out the laws have numerous existent shortages, such as the contents of the right shouldn't inflexible rule; the manager do not answer the reasonable problem for putting forward not to realize, can not find the manager should take up of responsibility in law; along with the prevalence of net, television shopping and so on ,the law done not correspond currently knows the right to put forward a detailed protection to the consumer, for overcoming unfair bargain which is because of consumer minority position, the author draw lessons from some foreign national experience, putting forward perfect consumer rights from the entity and the procedure , mainly involve the protection of judicatory, law ,government, and social group. Certainly, the law isn't all-powerful, for the sake of the consciousness of the right of exaltation consumer, better guarantee consumer rights, calling for the consumer should pass various paths and methods to raise own right consciousness .