A Study On The Obligation Of The Operator In The Protection Of Consumers' Rights And Interests

The gradual development and perfection of protection of consumer rights andinterests is accompanied with the rise of the consumer movement of the last century.Protection of consumer rights is echo of the system to protect the weak.The establishmentof consumers’ right to know is imposed on the operator’s inform obligation from theopposite.The latest revision of the Law of the PRC on the Protection of the Rights andInterests of Consumers(hereinafter referred to as "Law of Protection of the Rights andInterests of Consumers",other related law’s name also in abbreviation) is carried outformally began on March15,The operators’ duty to inform also made some new rules andchanges.The improvement of the system of duty to inform will be more help to protect therights and interests of consumers.This paper is divided into five chapters:The first chapter introduces the background of duty to inform in the consumptionfield,Including the changes of the "person" in civil law,from the abstract and equal"economic man" to the concrete and inequality "fool man";from formal justice as obey thecontract strictly to essence justice as to protect the weak;with the rise of consumer rightsprotection movement,there are provisions of the specific rights of consumers.The second chapter is about information and informing.The information imbalance isthe dominant factor which caused the different status between consumers and businessoperators in consumption field. This chapter discusses the reason of informationimbalance,the damages of information imbalance and the strategy of adjusting informationimbalance.Including the government provides,public opinion of media and consumerssociety provides,finally introduces the mandatory inform of operators.The third chapter summarizes the operators’ duty to inform,including the civil lawtheories of the operators’ duty to inform;the connotation of the duty to inform,includinginform the information on goods or services,inform the necessary information on goods orservices and inform the real information.Finally introduces the internal connectionbetween operators’ duty to inform and consumers’ right to know.The fourth chapter discusses the related legal provisions and the existing problems in our country,specific discussed respectively on the existing legal regulation system in ourcountry,including the increase and change of the relevant regulations of the latest revisionof the Law of Protection of the Rights and Interests of Consumers,and the relevantregulations of the Advertisement Law,Product Quality Law,Food Safety Law and ContractLaw.And also the omissions of these regulations.There also have different paths to thereferee in the judicial practice in our country,one is centering on the right side,the other iscentering on the duty side.This caused the correspondence bias between the operators’duty to inform and consumers’ right to know.The fifth chapter discusses the countermeasures of perfection of the operators’ duty toinform.Including specific provisions of general duty to inform of operators;if the operatorsis not the collection of producers and sellers,we should distinguish the performing way ofduty to inform of different producers and sellers.At the same time,draw lessons fromforeign legislative cases specialize the operators’ duty to inform in special trade way,suchas door-to-door, remote transaction and network transaction.The last to be clear is the legalconsequences of violation of the duty to inform,especially the legal consequence ofbreaching of specific inform the consumers has the Right of Rescission and applicationprocedure under the special way to trade.In order to improve the protection of consumers’rights and interests and also benefits.