Research On Information Disclosure Obligations Of Operators

In the modern market economy, the operators are in the position of informationsuperiority, therefore, it is difficult to achieve consumers’ right, which is contrary to theprinciple of fairness of market transactions. In order to protect the consumers’ right to know,safeguard the interests of consumers, and promote the orderly conduct of the fair markettransaction,we must pass legislation to require information disclosure obligations, keepbalance between business and consumers’ status gap of informationThis paper consists of four parts as follows:Part Ⅰ: An overview of the information disclosure obligations of operators. First, I definethe concept of operators’ disclosure obligations. Operators are those people who provideconsumers with its production and sales of goods or services through the market, includingproducers and sellers. For operators, it does not require the purpose of profit.Operators shoulddisclose the information, including information on consumer personal and property safety,basic information about the goods or services, as well as on aftermarket danger warning andrecall information.The information disclosure obligations of operators and the productdescriptions and warning obligations of producer both have connections and differences. Theformer has bigger subject and content areas than the latter, and the latter is an importantcomponent part of the former, Stressed that the operator’s information disclosure obligationsbased on the needs of the following three aspects: First, the need to protect consumers’ right;The second is the need to maintain the market trading order; The third is the need to improvethe efficiency of market allocation of resources needs.Part Ⅱ: The situation of the operators in violation of the disclosure obligations. In thecurrent market transaction process, the case of breach of disclosure obligations of operatorsare mainly the following three: First, the disclosure of the information is untrue, namely falsedisclosure;Second, information about the disclosure of the information is incomplete,concealment or omission of the goods or services, thus affecting rational choice forconsumers; Third,inappropriate disclosure of information,.the operators didn’t disclose theinformation of the goods or services.in accordance with the ways which consumers identifyunderstand and notice more easily and illustrate by examples.Part Ⅲ: Stipulated defects of the operators of information disclosure obligations of theexisting laws. The part is the focus of this article. First I defined the relevant legal provisions about the obligation of information disclosure of<Consumer Protection Law>, in order tocarry out targeted analysis. Then, by analyzing, I obtain the following main shortcomings:First, the operator’s information disclosure obligation is not clear, that is the existing law doesnot specify the operator’s information disclosure obligations; Second, the scope of theoperator’s information disclosure obligations is fuzzy of its trade secrets the right, mainlyreflected that the relationship between the operator’s information disclosure obligations and itsright of commercial secret is not clearly defined; Third, the punishment which the operatorshad after they breached the obligation of disclosure is too light. It include that there are theoperators’legal responsibility who provides a false disclosure, not the operators’legalresponsibility that the operators tdisclose the information is incomplete,and the way isinappropriate; and punitive responsibility of the existing provisions is too light, which is notpowerful enough to punish the illegal activities of the operators.Part Ⅳ: Improve the operators information disclosure obligation by law. This part is thecore content of this article. According to the defects which described in the third part of thearticle, I suppose the information disclosure obligations of operators should be improved asfollowing,fromfour aspects: First, make clear the information disclosure obligations of theoperators; Second, make definite the scope and manner of the information disclosureobligations of the operators; Third, perfect the legal accountability mechanisms when theoperators don’t fulfill their disclosure obligations,which include expandding the scope ofresponsibility increasing responsibility efforts, establishing a consumer class actionsystem,and increasing law enforcement when the operators violate their disclosureobligations.