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The Case Analysis Of Consumer’s Right To Know

Posted on:2014-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2246330398469330Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s society, the rights and obligations of the conflict is widespread in today’s society, the rights and obligations of the conflict is widespread in the consumer area, with the production and social development as well as the trading relationship became more complex,consumers the right to know and the obligation to inform the operators of the conflict more and more attention by the scholars. Consumers’right to know basic rights as a consumer rights system, is the premise and guarantee of other rights of consumers to achieve. Consumers’right to require the operator to disclose their goods or services, information, allowing consumers to maximize the realization of security and understand consumer. However based on another one opposed to the concept, the operators of public goods or services there to consider their own economic interests. Thus cases involving the interests of consumers disputes have occurred in real life, and violations of consumers’right to know the case particularly majority. Its focus of controversy often for violations of consumers’right to know the case is whether the defendant violated the plaintiffs right to know. Operators have the obligation of disclosure in accordance with the provisions of Article19of the Consumer Protection Law, on the other hand, Article8of the consumer’s right to know the content from the content and presentation of the two provisions, the operators obligations expression neither quoted and regulations, lack of purpose to reveal the general terms and conditions, which is not conducive to the implementation of the consumer’s right to know about to meet with the protection of consumers’right to know.In this article, a choice of three closely related to the consumer’s right to know the case to be introduced, three properties are the same, the result is not the same case, the focus of the dispute all depend on whether there is any infringement of the consumer’s right to know. In the second chapter to consumers’rights and interests protection law of consumers right to know and tell obligation according to the operator on the basis of the rules, respectively discusses the consumers’right to know in detail and the operator to inform obligation, the general theory and its existing problems. In the third chapter in cases of infringing the consumer right to know the reason of, what you did to our country current law about consumers’right to know provisions of understanding for the judge in the judicial practice to read and scope of the object of consumers’ right to know how a certain Suggestions were put forward, and shall give any punishment for violation of the behavior of the consumers’right to know. In the last chapter of this paper, based on the previous discussion, Proposed how rational treatment of consumers’right to know.In the treatment of the consumer’s right to know and the obligation to inform, to strive for mutual benefit balance, be wary of industry norms and industry standards, Neither let the operator will bring this arbitrary as an escape from its obligation to inform the excuse, not to think that the consumer’s right to know is infinite, belong to the trade secret and consumption information patent scope shall be clearly excluded from the scope of knowledge.
Keywords/Search Tags:consumer, right to know, operator, asymmetrical information, trade secret right
PDF Full Text Request
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