论消费者知情权的法律保障 [3]
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论文字数:1233论文编号:org201309122325004190语种:英语 English地区:中国价格:免费论文
关键词:消费者知情权法律保障消费保障
摘要:现代商品经济社会,随着生产与消费的分离,消费者问题逐渐显露出来,而科技、通讯技术的发达和传播媒介的大肆轰炸,消费者与生产者、经营者之间的信息不对称问题日益严重,虚假宣传侵害消费者知情权的事件随处可见。
ights , national consumer groups in order to improve the operator's distrust for the problem , maintain order in the effective functioning of the market economy , the protection of consumers' right to information also emerged.
From the existing research point of view, the consumer 's right to know the nature of the identified major scholars hold two views : one view is that the consumer 's right to know as a modern civil rights or civil rights , is called " civil rights say " ; another view of consumers ' right to know will be characterized as a basic human right , is called" Human Rights said . " In addition , there are a few scholars to consumers right to know the nature of the other points raised , here I am doing the simple statement:
"The civil right to say " point of view is essentially mainstream
civil law scholars , they think the main consumers of consumer rights , the subject is the operator with its obligations , both of which are private law ( civil law ) on the subject , that such rights are occurred in the private law rights of intersubjectivity , it certainly has its private nature [ 1 ] . But I believe that consumers and operators , although there between service providers due to the sale or arising from the contractual relationship between them is the first private law ( civil law ) on the identity of the subject appear , but only the consumers and operators the basic relationship between the consumer and the operator also exist between other reasons because of information asymmetry disadvantaged consumers , given by the state through its contractual relationship is different from the rights of the parties to give special relief to the relationship in this relationship , consumers and operators are no longer private law ( civil law ) on the subject , but has become the economic law on the subject.
"Modern" civil rights that consumers have special rights are civil rights , this specificity is reflected in the status of real consumers and business operators and inequalities. However, in judicial practice, the consumers 'right way to achieve this is not limited to information provided by the operators , it also requires the State , consumer organizations , individuals and the mass media in various ways such as damage to consumers' right to supervise the conduct of in order to protect consumers' right to be inviolable. Such national consumer organizations and relevant to the consumer 's right to know to achieve in the past, is a civil right to say that can not be explained, even the " modern" civil rights can not develop a diversified obligations subject.
Civil right to say and do not adequately protect the rights of consumers , and its emphasis on the civil rights of the consumer 's right to know the nature of play is not conducive to national and consumer organizations to protect consumers' right of initiative and enthusiasm . Moreover , civil protection mode of Civil Rights is basically a form of relief , and its passivity and after sexual characteristics , and consumers claim goes against the idea of preventive protection , suitable for protecting consumer rights . Finally, the Civil Rights said it would be limited to the rights and obligations between the parties , excluding the benefit of society as a whole in order to safeguard public interest litigation filed possibility .
In summary, the Civil R
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