Research On The Informing Obligation Of Network Operators

Compared with operators,consumers are undoubtedly in a weak position,while in online transactions,consumers are in a more vulnerable position.It is not uncommon for network operators to infringe consumers' legitimate rights and interests by taking advantage of their information superiority.In order to protect the legitimate rights and interests of consumers,it is necessary to stipulate the obligation of network operators to inform.However,China's network operators to inform the obligation of the problem,although after some improvement,but there are still some problems.This paper expounds the connotation of network operators' obligation of disclosure,and analyzes the obligation of disclosure of network operators from the perspectives of information asymmetry and transaction cost theory.In view of the problems existing in China's current regulations on network operators' obligation of disclosure,this paper puts forward some Suggestions and analyzes the legal liabilities of network operators for violating the obligation of disclosure.In the first part of this paper,the connotation of network operators' obligation to inform is elaborated,and the particularity of network operators' obligation to inform is analyzed in combination with relevant laws and specific situations in practice.The disclosure obligation of network operators is analyzed from two perspectives of information asymmetry and transaction cost theory.In the second part of this paper,the author makes a necessary analysis of the current regulations on network operators' obligation of disclosure,and points out the existing problems in the current regulations on network operators' obligation of disclosure.The provisions of the current our country to the network operator to inform obligation mainly in the consumers' rights and interests protection act,the act of e-commerce and the measures for the administration of online transactions.Although these two laws and regulations have made some amendments and perfected to the obligation of the network operators,there are still some problems.It is not perfect for the scope of the informing obligation of the network operators,and there is no necessary specification for the way and time for the network operators to fulfill their duty of notification.The third part of the article analyzes the legal responsibility that network operators should bear for violating the obligation of disclosure and discusses the civil and administrative responsibilities that network operators should bear for violating the obligation of disclosure.