The Operator Informs The Duty Study

With the development of market economy, consumption is closely related with people’s daily life. Cordiality and keeping faith is primary principle of market economy, only if each party in the transaction keeps honesty, enjoys rights and fulfills obligation as well, the consumption market would develop in proper way. Nevertheless, media constantly expose that consumers’ rights is severely inviolate, like issue of‘Qingdao prawns’, ‘Heilongjiang high price of fish’, ‘Poisonous milk powder’, and ‘Poison beans’ triggers consensus across the nation. These issues present that consumers is in weak position compared with business dealers in acquiring the information of goods and service. If the information of transaction is asymmetric which business dealers cannot fulfill the obligation of information disclosure, the consumers’ rights would exactly be violated.The first part is based on legislation, elaborates concept of dealers’ obligation to disclose, its property, regime value, scope, disclosure form and deficiency of legislative system. The following part comparatively analyses legislated disclosure obligation of business dealers in China and the legislation in US, Japan, Australia, Europe and Chinese Taiwan stating that the foreign legislative provisions on false statements and standards, the provincial identified the standard, group litigation system, the consumer right of rescission, the right of rescission system should be used for reference in the legislation of our country. The last part is based on the foreign advanced experience, combined with the status quo of China’s consumer protection, proposing the suggestions of how to fulfill the obligation of the operators and consumer rights protection from the legislative, judicial and administrative law enforcement and other aspects, including the scope of the refinement operators’ obligation to disclose, the performance way, reasonable construction of the legal trade system, protection of the rights and interests of consumers to refine the rights and obligations of the third party certification system, improving and perfecting the service function of government and relevant social organizations, improving the imputation principle, pushing into suitable, simple procedure and the group litigation system to promote judicial and law enforcement convergence program, deepening the reform of administrative law enforcement agencies.This article applies empirical analysis method, describes beyond the operators in our country in informing duty status, analyses the operators’ informing obligation of legislation in our country from the perspective of consumer rights and interests protection. Applying the method of comparative analysis, it compares mainland legislation with Anglo American. According to law and economics analysis method and the law society analysis method, theory with practice, it puts forward reasonable suggestion which is suited to our country’s present situation of legislative proposals. The suggestion would prompt the perfection and development of the legal system of the obligation of disclosure, which makes certain contribution.