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产品风险的强制披露与自愿披露

Mandatory Versus Voluntary Disclosure of Product Risks

Journal of Law, Economics, and Organization · 2010
被引 75
ABS 3

中文导读

研究了企业获取产品风险信息后,强制披露与自愿披露规则对社会福利的影响,发现自愿披露可能因企业更积极获取信息而带来更高福利,但严格责任下两种规则等价。

Abstract

We analyze a model in which firms are able to acquire information about product risks and may or may not be required to disclose this information. We initially study the effect of disclosure rules assuming that firms are not liable for the harm caused by their products. Mandatory disclosure is obviously superior to voluntary disclosure given the information about product risks that firms possess, since such information has value to consumers. But firms acquire more information about product risks under voluntary disclosure because they can keep silent if the information is unfavorable. This effect could lead to higher social welfare under voluntary disclosure. The same result holds if firms are liable for harm under the negligence standard of liability. Under strict liability, however, mandatory and voluntary disclosure rules are equivalent because information concerning product risks is irrelevant to consumers.

信息披露产品责任社会福利信息不对称法律经济学