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Study On Legal Production Of The Right To Know Of Consumers In China

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:C C LiFull Text:PDF
GTID:2246330395993230Subject:Economic Law
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The consumers’ right to know is a fundamental right that connect the consumers andbusiness operator, also is hard to across the gap between consumers and business operators.Itimplemented to a certain extent, not only relates to the consumers to buy goods or servicelevel of knowledge, also the implementation of the relation to other rights of the consumers.In the consumers’ right to know, the information is one of the most important factors, from acertain Angle, the effective information communication is the most fundamental way to solvethe contradiction between consumers and business operators.Along with the changes of theTimes, the development of economy, social transformation, information, more and morebecome a kind of valuable resources. consumers become the emergence of a group has itsinevitability, and this group at the beginning of the produce is inevitably marked by the"social vulnerable group" mark. For the consumers’ right to know, although there are clearlegal provisions of regulations, but is basis to develop legislation,there are certain hysteresis.Academic writings more focus on the protection of consumers’ rights and big framework, it israre that the papers discusses deeply the reason of the consumers’ right to know, especiallyfrom the Angle of law and economics.This thesis’ point is the law and economics,study on the reason influence and legalcountermeasures of protection of consumers’ right to knowAlthough the consumers’ right toknow.The consumers’ right to know is to protect consumers’ right for consumerinformation,the view of social cost to determine operators and consumers who can operatewith less cost who should provide consumer information obligation.In addition,asymmetricinformation may lead to the adverse selection of consumer market,thus cause bastard out goodcargo imagination,cause the social product quality decline,mislead the social order. Fromanother perspective,information asymmetry is also the consequence of the operator pursue theeconomic interest,though the false advertising and other means to cover up the managementinformation to cheat consumers,this is also a kind of moral corruption performance.From theeconomics analysis,operator can use smaller cost to prevent damage the consumers’ right toknow,so the protection of consumers’ right to know,operators assume the unavoidableresponsibility.Due to the development of The Times, the different market environment and socialstructure, and the members of society information exchange way is different, the consumptioninformation exchange has a great influence. Further, how the market main body in the information exchange form order, and sustain their trust again from what comes? Theinformation gap really exist or not balance the possibility and feasibility? The economic lifeof spontaneous (operators voluntarily inform) can solve part of the asymmetric informationproblem, but difficult to all do. Business ethics and customs informal rules, not because oflaw enforcement, but the natural evolution of the social rules. Consumer protection althoughincreasingly pay attention to, but because of information asymmetry, rational people’s way ofthinking, the market is not ethical and complex factors, makes for consumers consumptionexchange risks necessity. As a kind of a coercive power constraints, the law although is noteverything, but can regulate and guidance the information gap, make up for the defects ofmarket, market operation to create a good environment.The negative influence of theasymmetric information want to control in the acceptable range, must respect the laws of themarket in the premise,use properly of legal means, to regulate the operator to informobligation, the market operation of the pursuit of efficiency and moral pursuit in harmoniousrise.This paper through analysis of other social body in the role of protecting consumers’ rightto know, to clear about the government,consumer associations and media unique position inprotecting consumers’ right to know, through various measures to secure this body give fullplay to its function.The first part of the thesis is the relevant theoretical knowledge of the consumers’ right toknow. The second part mainly from the view of law and economics to analysis the reason ofthe protection the consumers’ right to know, and from the perspective of economics to putforward the corresponding proposal. The third part through the full analysis of overseasconsumers’ right to know about related system,propose to use experience,in order to protectthe related system in China. The fourth part puts forward the China consumers’ right to knowabout the shortage of the related aspects from various angles and puts forward somesuggestions.This paper tries to the integrated use of law, economics, sociology, some memoryknowledge innovation, apply the method of game theory to explore consumer informationasymmetry causes, development trend and all the main body of market reaction andcountermeasures, thus, to seek some measures can exist with a formal system, legal form.
Keywords/Search Tags:The consumers’ right to know, the basis of being, Situation analysis, legislation improvement
PDF Full Text Request
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