消费者知情权及其法律保护问题研究

Study on Consumers' Right of Being Informed and Legal Protection

消费者知情权这一概念产生于肯尼迪当政时的美国,后来为各国立法所确认,成为消费者不可缺少的一项权利。该权利的产生,究其本质是经营者与消费者在市场生活消费品领域不可调和的矛盾产生的结果。消费者知情权是一种人权,其是人权在市场消费领域的体现。消费者知情权的实现与经营者义务的履行密不可分。但在市场经济较为发达的今天,消费者知情权的实现还有一定的障碍,出现了某些问题,需要立法、行政、司法采取综合措施来处理,当然也与消费者自身的维权意识密切相关。

The concept of consumers9 right of being informed was created in the U. S. A. during Kennedy ’ s administration.Then, it has been confirmed in the legislation of all the countries in the world and become an indispensable right of consumers. Consumers9 right of being informed is one of the human rights and it is embodied in the field of market consumption. The realization ofconsumers9 right of being informed is closely related to operators9 fulfillment of obligations. However, in today9 s highly - developedmarket economy, there are still some barriers to the realization of consumers9 right of being informed, which needs to be coped withcomprehensively with legislation, administration and judicature. Of course, it is also closely connected with consumers9 right - protectionawareness.