| Summary: | 碩士 === 東吳大學 === 法律學系 === 93 === The quick envelopment of internet network changes the original transaction types and methods. The business dealers and consumers can, at any time, at any places, have sales and purchase activities via computers and related devices without the limitation of time and places. However, the continuing advancement of technology makes online transaction include the digital information goods, not limited to the traditional purchase of concrete objects and the offer of sundry service.
The purveyance of digital information is by ESD or downloading through internet network and such way is increasingly acceptable to the most consumers. Now the consumers can upload or download computer programs, music, electronic books, game software, etc, to use, listen and read by specific payment process.
But the advent of the aforementioned new transaction type arises the disputes of the application of existing laws and regulations, such as the problems of the establishment time and effect of the contract of online transaction; whether online transaction is included in the “mail order purchase”, defined by Consumer Protection Law; the privacy right protection of online transaction; electronic signature; electronic payment. Regarding the problem arising from applying Article 19 of Consumer Protection Law in online transaction of digital information goods, although the scholars have known this problem and provided related opinions, the last amended Consumer Protection Law still does not provide denouements or amend the related Articles to this material problem.
Accordingly, this essay is based on electronic commerce transaction environment, the current laws and regulations system, the factors of digital information and the actual deals of online transaction for digital information goods to analyze and study the aforementioned problem. It also references foreign laws and regulations to provide suggestion to explain and apply the Consumer Protection Law. I hope this essay can be helpful to administration and legislation authorities for future amendment of Consumer Protection Law.
|
|---|
