The Foundation Of The Existence Of The Consumer's Right To Know Law Perfect

Nowadays,consumers are playing a more and more important role in our social economic life.How to protect their legal right is always concerned by people.Among consumers' rights,the right to know of consumers especially catches people's eyes.It is the basis for consumers to consume by reason.Therefore,how to enhance to protect the right to know of consumers is a problem with much study value.This text is totally divided into four parts:The first part is about the conception of the consumers' right to know. Before the discussion of the consumers' right to know,penman start studying from it's epigynous concept ------the right to know.The right to know can be separated into broad sense and narrow sense.The broad sense means the freedom of citizens find,accept and transfer message, information and ideology,objects include official and non-official information;narrow sense only means the citizens right to acquire official information.This text uses the broad sense.The right to know is composed of some below concept,scholastic divide it into the right to know political,the right to know society and the right to know personal information.The consumers' right to know just belongs to the right to know society.The right to know of consumers is the right for consumers to know the information for buying or using goods of and accepting service.In our country,the concrete provision of the right to know of consumers is made in the 8^th article of The Protection Law of consumers' right:Consumers have the right to know the true information for the goods of buying or using the service of accepting.Consumers contain the right to request the trader to mark clearly the true information of merchandise or service they accept according to the law.When consumers purchase,use the merchandise or accept service,they have the right to inquire with the relevant circumstance and understand the merchandise or service.The concepts of the right to know of consumers have three types.Firstly, concerning the basis circumstance of the merchandise or service,including the merchandise's name,trademark,produced place,producer's name, produced date etc;Secondly,concerning the mean of technology, including relevant merchandise's usage,function,grade,ingredient, expiration date,specification,certificate of examination qualification; Thirdly,relevant sale condition,including after-sales service,price,etc. Compared with the other rights of consumers,consumers' right to know has a basic and comparatively independent s status.The second part studies on the existence basis of consumer's right to know.The law doesn't exist lone.As an ideology,it inevitably reflects economic development,political pattern and social reality.The production of any legal right is based on economics,politics and social ideology,so is consumer ' s right to know.This part try to study the origin of this right from the economic reason,political background and social environment, in order to certain the inevitability and necessity of the consumer ' s right to know.The third part is about current situation of consumer's right to know. First,analysis on the legislation actuality.Laws and regulations about the right contain the Consumer Protection Law,Anti-improper Competition, Product Quality Law,Advertise Law and so on.Then,the analysis on the four realization mode,the infringement and remedy to the right.At last, comprehensive analysis draw a conclusion that the following five reasons cause the situation of consumer ' s right to know not optimistic and the reasons are deficiency in the legislation,inadequacy in market competition,faint legal consciousness,the govemment's irresponsibility and the over high cost of judicatory relieve.The fourth part is about legislative perfection and implementation approach.First,in legislative perfection,we should write the right to know into constitution,use foreign legislation experiences for reference, further certain the legal regulations of manager's compulsory disclosure obligation and make more regulation about the protection of consumer ' s right to know.Then in implementation approach,we should strengthen legal propaganda to enhance the consumer right safeguarding,increase the government's effort in consumer protection,make the consumer group such as Consumer Association to be an more important role and build up and perfect the judicial remedy procedure of right guarding,such as perfecting simple procedure,building up small-amount court,reforming litigation expenses and proof citation responsibility system and perfecting joint litigation system.