The Empirical Analysis Of The Obligation To Inform Of Business Operators In The Consumer Rights Protection Law

With the specialization of social division of labor and the diversification of trading patterns,consumers and operators as buyers and sellers are increasingly unbalanced in their knowledge of goods and services.Based on the information asymmetry requirements,the operator has a statutory obligation to inform consumers who are in a weak position.In 2014,China implemented the newly revised Consumer Protection Law,in which a number of provisions related to the obligation to inform operators,which is a legislative advancement.However,in real life,the scope of the content of the obligation to inform and the fulfilment of the implementation of the obligation of the operator's obligation to inform the Chinese business,the unclear of legal liability of the operator's breach of the notification obligation.This paper mainly studies the legal application of the operator's obligation to inform through the use of empirical analysis.In addition to the introduction and conclusion,the full text is divided into four parts:The first part is the statistics and analysis of the case of the operator's notification of the obligation.From the "Peking University" website,the "OpenLaw" website and the "No Litigation Case" website,the author collected a total of 70 cases involving the operator's obligation to inform the "searcher's obligation to inform" and "information obligation".And according to different criteria,the data is classified and analyzed,and the corresponding conclusions are drawn.The second part is the research on the problem of the obligation to inform the operators of China's "Consumer Protection Law".Through the statistics and analysis of the first part,it concludes that the new "Consumer Protection Law" does not stipulate the operator's voluntary notification obligation,the scope of the operator's obligation to inform and the standard of performance.The four problems are not clear when the operator in the special field informs that the obligation is not adequately regulated and the legal consequences of the operator's breach of the obligation to inform.The third part is the legal regulation and enlightenment of the obligation to inform the operators outside the domain.This part describes the legal regulation of the EU and Japan in terms of the right to revoke the system under the right of revocation and the special transaction method,and draws corresponding suggestions based on China's judicial status andThe fourth part is the key point of this paper.The perfect path of the obligation system for the operators of China's "Consumer Protection Law" is mainly discussed from the following three aspects: the content scope and performance mode of the business operator's obligation,the identification criteria and the legal liability for clear violation of the operator's obligation to inform.The aspects are discussed,which provides a reference for the system to be more operational in the application of law.