The Civil Law Realization Of The Balance Of Consumers’ Agreement Information

Under the condition of modern market economy, consumers and operators, mainly in the followingthree aspects: the consumer is disadvantaged economically weak, to obtain information on the weak and theweak seek legal relief. While consumer contract as a party in the transactions in which consumerslong-term at a relatively weak position of a type of contract, because the information is not balanced andleads to impaired the legitimate rights and interests of consumers particularly. Information asymmetry, alsocalled partial information or information distortion, market economy is a kind of common phenomenon. Asa result of modern life is becoming more and more meticulous and division of the society into informationage, the information is not balanced situation also increased gradually, and the formation of normalization.But in our country the relevant legal system is still not perfect, the modern credit system is not perfect, iseasily produced from both sides of information disequilibrium and leads to the moral risk in thetransactions. For example, in the sale of commercial housing, consumer to move into the new house afterthe discovery, the housing position at night ride water Malone and all night long, seriously affect the rest.As never before in the evening here seen housing, and as a general in the same condition of rational person,is also very difficult to anticipate this situation. The transaction information grasp inadequate consumers,often in the contract before as if wakening from a dream, if you understand and trading all about it, isabsolutely not accept such a contract.In the light of modern social economy condition, information imbalance in the increasingly commonphenomenon, the consumer because the information asymmetry problem suffered by rights situation moreand more. At present with respect to our country in this field still exists a lot of difficulties and deficiencies,related to foreign countries in this field after a long period of development to realize in order to betterprotect consumer, consumer contract information balanced importance, and in the long-term developmentof continuous improvement. Gradually formed a series of measure to be worth our country to draw lessonsfrom. This article mainly from the angle of civil law on consumer contract information to realize thebalance of the question to carry on the discussion. The main content is divided into four parts:The first part, first on consumer contract information equilibrium and related concepts are discussed,followed by the introduction of foreign and our country in the realization of consumer contract informationbalanced field and the reality of development, and expounds the realization of consumer contract information balanced research value.The second part, mainly from two aspects, namely operator fraud and operator of the obligation toinform the related problems discussed our country at present consumer contract information balancedifficulties and deficiencies.The third part, introduce foreign legislation and judicial practice to realize consumer contractinformation balance measures taken. The development in foreign countries gradually formed two kinds ofmain implementation consumption contract information equilibrium path, passive afterwards relief pathand active prevention path, in order to protect the legitimate rights and interests of consumers.Finally, in the fourth part of this article to better achieve our country consumer contract informationbalanced recommendations. Combined with the relevant measures, from the unbalanced informationbeforehand prevention and relief after two aspects to improve and supplement recommendations: on theone hand give consumers on the operator ’s duty of informing claim, and allow the operator to informobligation becomes a general obligation to inform express content and specific contract clearly knowsobligation. To complement the information balance prior prevention law insufficient; on the other hand,draw lessons from foreign advanced theory of fraud, and transplanted into the laws of our country which, inorder to better and to adapt to the trend of world development. At the same time, improve the punitivecompensation measures of punishment form and strengthen the punishment, give full consideration toconsumer expectation interest unexpected original interest damages, and the punitive compensationproblem. In order to make the operator for legitimate business, do not damage the legitimate rights andinterests of consumers...