Administrative Investigation Powers Of the Consumer Under the Consumer Protection Law - Section 33 Of the Consumer Protection Law

• Main Authors: Tseng Pei Yu, 曾佩萸
• Other Authors: Ruey-Fu Ho
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/khugnw

碩士 === 東吳大學 === 法律學系 === 101 === This paper focuses on the consumer protection authority in accordance with consumer protection laws adopted in the exercise of administrative investigation scope, as a result of its judgment, the Court interpreted according to the executive authority to exercise its administrative investigation narrows or explanation, it is inevitable relegation judge sentenced to over-reliance on enforcement rather literal explanation or flow in the evaluation of evidence, such faith and for the interests of the people affected and most huge. Therefore, by this study is in response to a great variety of electronic forms of Internet trading to further establish "Consumer Protection Act Section 33" of the right to an administrative investigation of the actual scope, approach. First, brief introduction in the Chapter 1 with the background, motivation and purpose, and introduce scope and methodology of this study. The Chapter 2 is by reference to the foreign countries in which the executive branch of the exercise of administrative investigation powers, legal system based on the principle of proportionality should be in compliance with the law and subject to the norms of the legal principles and limitations of administrative authority to establish an administrative act its legitimate and appropriate. The Chapter 3 is illustrated in the various constitutional facts of life for the people has its scope of protection of fundamental rights, while out in the Constitution delineated the scope of protection, the people can be excluded from state intervention behavior, so the executive authorities engaged in a variety of administrative acts , made a variety of administrative decision, both must have the legality as a basis. In the Chapter 4, exploring administrative organs based on the protection of consumers, so for all types of consumer disputes, in order to clarify the facts and responsibilities will be carried out when a substantial degree of administrative investigation, but if any of the judicial powers interfere in compliance with administrative powers to protect the interests of consumers . Chapter 5 is illustrated by people genuinely have no interest on the administrative investigation, which is usually a pipe which seek relief. Chapter 6 was this conclusion.