权利冲突与消费者知情权的法律边界

权利冲突的解决方式目前主要有权利位阶论与权利边界论两种学说。德国学者卡尔.拉伦茨认为在划定权利的界限时,特别需要作法益衡量。消费者知情权也是有法律边界的,应以能使消费者充分、准确了解商品或服务和与之有关的情况为限。但这个边界不是一成不变的,它会随着经济与社会的不断发展而不断变化,法官可以根据权利冲突、利益衡量原则来合情合理地把握消费者知情权的边界。

Right Conflict and the Law Boundary of the Consumer's Right to Know

There are mainly two kinds of theories on how to solve the right conflicts,the right rank theory and the right boundary theory.The German scholar Carl Larenz thinks that in defining the boundary of right,benefits balance method is called for.The consumer's right to know has its law boundary.The consumer's right to know could be defined as accurate and full knowledge of the goods or services and the relevant information.This boundary is not inflexible;it will continuously change with the economy and social development.The judge can learn the right's boundary according to the principle of benefits balance and right conflict,etc.