《民法典》合同编视域下知情权保护研究

——兼论数字经济时代知情权被侵犯新形式的民法回应

中图分类号：D913 文献标志码：A 文章编号：1673-3851（2025）08-0459-09

Research on the protection of right to know from the perspective of contract compilation in the Civil Code ：Also a discussion on the civil law response to the new forms of infringement of the right to know in the digital economy era

HU Guangzhi，BIAN Yaxuan （Schoo of Law，Chongqing University，Chongqing 4Oo044，China）

Abstract： From the perspective of the contract section of the Civil Code，when the right to know is violated，the right holder will face multiple difficulties such as disputes over the priority of legal application of various remedies， the lack of legal norms or vague legal provisions for some remedies since the promulgation of the Civil Code，and insuficient research on civil law protection for new forms of infringement of the right to know in the digital economy era. The fraud system and defect guarantee liability system in civil law do not have priority applicability. There is a competing relationship between various relief methods，and the punitive damage liability for fraud in consumer protection law only has priority applicability unlessit meets the identity of the operator and consumer. It is necessary to combine the provisions of the Ciuil Code and relevant judicial interpretations to further clarifyand expand the scope of application of the system of liability for contractual negligence and the subjective elements of the system of manifest unfairness，and to improve the system for major misunderstandings caused by motive errors.

In addition，in response to new forms of infringement of the right to know in the digital economy era，the contract section of the Civil Code also urgently requires corresponding legal adaptations. Only in this way can the meaning of legal provisions be clear，the application of laws be precise，rights protection be reasonable and based，and theories keep pace with the times.

Key words： contract compilation of the Civil Code;the right to know; the method of the civil relief; the concurrence theory； the priority theory；motivation error；digital economy

近年来，民事合同领域侵犯知情权的案件层出不穷。（剩余14157字）