A Research on the Consumer Protection Law about the Hesitation Period Applied to the Dispute over Returning the Digital Goods Purchased Online

• Main Authors: CHUNG,YA-JU, 鍾雅如
• Other Authors: GAO,GUANG-YI
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/28381468589869247744

碩士 === 臺北市立教育大學 === 國民小學教師在職進修公民與社會教學碩士學位班 === 101 === Since 2003, it has been nine years that online shopping is applied to the regulations of mail-order trading in the Consumer Protection Law. The rights and interests, which relate to numerous domestic and foreign businesses as well as more than 9.42 million consumers, are only regulated by an obsolete law. With the passage of time, along with the advance in technology and boom development of online shopping, there is considerable space for the relevant regulations to be amended. Therefore, this research focuses on applying the Consumer Protection Law about the hesitation period to the dispute with returning the goods purchased online. Based on“ literature review”,“case studies and the judgments of courts” , and“reference to foreign laws”, this research tries to clarify the definitions and disputes of Consumer Protection Law about the digital goods purchased online. Besides, this research will focus on evaluating and analyzing the draft of the amendments of the right to cancel the mail-order amended by the Legislative Yuan. Finally, this research will give a research conclusion and offer suggestions for reference. This research suggests to expand the definition of mail-order into“long distance telecommunications deal”. At the same time, a clear definition of examining or confirming the dealing objects should be given in article 19 of the law. To“ a reasonable but exceptional condition” , that what kind of specific transaction objects can be excluded must be clearly pointed out by the law. Moreover, in order to avoid the dispute in the future, article 18 of the Consumer Protection Law, which needs amending, should be added the items about disclosure of consumer information by the business owners. Hope the conclusions and the suggestions of this research will be helpful in interpreting and applying to the Consumer Protection law and will provide some suggestions to the manufacturers at this stage in which the law is not amended yet. Furthermore, hopefully, this research will be taken as references by the executive and legislative institutions to amend relevant laws in the future. In the mean time, to develop science and technology, to protect the rights and interests of the consumers, the relevant authorities of the government should perform a thorough review of the inappropriate regulations and establish a reliable management system and more comprehensive consumer protection regulations. Also, the relevant authorities of the government must effectively protect domestic consumers and must be in accordance with the trends in the international development in the network era.