Research On The Operator’s Information Disclosure Obligation In Consumer Contract

Consumer contracts are frequently seen in our daily life,and its specality lies inthat the disparity of two side of the trade. The operator knows well of the commodityor service and utilizes the sales strategy to induce the consumer who mainly rely oncustomer experience into wrong choice.It is because of the objective existence of thisnatural disequilibria of information, the conflict of the right to know of consumer andthe operators’ obligation information disclosure has been an universal phenomenon.In order to achieve the justice,effective protection of the right to know of consumersis the primary task and the operators’ obligation information disclosure is theimportant premise and important safeguard of consumers’ right.This essay containsfour parts:In the first part, the writer will difine the operators’ obligation informationdisclosure and will firstly analyse whether the commercial contract containsobligation of information disclosure and then draw the conclusion that operator ofcommercial contact needn’t to bear this obligation and explain this conclusioncomprehensively.Compared with the commercial contract,the writer will discuss thenecessity of this obligation,and then state the nature of this obligation in consumercontract.In the second part,through reading the literature we can know that parts ofscholars critisize the obligation of information disclosure in perspective of theeconomics of law.Taking professor Omri Ben-Shahar in University of Chicago forexample,who expound his view by pointing out that the tripartite subject of obligationof information disclosure,which contains legislator,disclosuror anddisclosuree,couldn’t fulfil their task and it is doomed to be a failure. This essay willgive a brief introduction and analysis of his core point in his counterview,andcombining the specific market economy situation and the actual transaction situationin China at present to query and refute his point.Thus,emphasizing the importance ofobligation of information disclosure in consumer contract to further this essay’s thesis.In the third part,The contrastive analysis of operators’ obligation of informationdisclosure.The writer will firstly analyse the “Law on Protection of the Rights andInterests of Consumers”，and point out the defect in this law.Secondly the writer willintroduce the rules of consumer protection in European Union,as the rules is moreperfect,it has a good reference to “Law on Protection of the Rights and Interests ofConsumers”in China,the writer narrate the reference place through comparativeanalysis.But,we must make a further research in tings that the operator should disclosewhat information,when to disclose and what legal consequences the operator shouldbear when he/she in violation of the obligations,in order to make uo for the lack of“Law on Protection of the Rights and Interests of Consumers”.In the fourth part, putforward specific suggestions.First,analyze the current related articles of the law in ourcountry, point out the existence of bias and non-operational,obviously,operator can’tdisclose all the information but the important information that affect trading result.Asto important information,author introduce the latest rules of consumer protection inEuropean Union as reference.Second,there exists advance disclosure and afterwardsdisclosure two modes,author analyze the advantages and disadvantagesrespectively,and think our country can apply two modes according to differentsitiuations.Last,about the legal consequences when operator in violation of theobligations,this article will combine our country’s "contract law"and some existingregulations abroad for analysis,such as apply to fraud,cancellation right etc.We look forward they can foucus on the research on this problem in modifingthe"Law on Protection of the Rights and Interests of Consumers"in future.