Research of Legal Aspects and Implementation on Electronic Game Arcade Business Regulation Act in Taiwan

• Main Authors: TSUNG-HAO YANG, 楊宗灝
• Other Authors: Yin-Chin Inge Chen
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/63637755835402119888

碩士 === 中原大學 === 財經法律研究所 === 105 === Taiwan has “Electronic Game Arcade Business Regulation Act” as the current regulations about electronic game business. In the reasons of involving in crimes and gambling in early years, the electronic game business had been allocated to be under the authority of Ministry of Education in 1990, and on December in the same year, the “Rules of Management and Consulting for Electronic Game Business” was made. By 1996, an electronic game business scandal of Chow Ren Tsen event occurred. The Executive Yuan replied and modified the authority bureau to Ministry of Education and made “Regulations of Management and Counseling for Electronic Games” in 1997. No later than 2000, the legislative three read process had been completed for this act, which substitute the Executive orders to be the real legal legitimacy for the current electronic game business. In the Article 2 of “Electronic Game Arcade Business Regulation Act,” the authorities refer to Ministry of Economic Affairs in the central level; and local government for the local level. In Item 1, Act 20, the authority can check the business space of electronic game regularly or not, and the people in charge of or working for the space cannot refuse, obstacle or resist it. But in reality, the executive checks are led by police department of local government. According to Administrative Procedure Law, Rule 11, item 5, the authorship cannot be reset or modified which is so called formalization of jurisdiction. Why the electronic game business authorized by central government, Ministry of Economic Affairs but practiced by police departments of local governments? Which combined with the enormous negative images in the past that the scandals and corruption of the police and the electronic game business. And because of the annual budget was controlled by local government, the executive-led system has been therefore firmly built. In 1990, the authority of electronic game business was transferred from Ministry of Interior Affairs to Ministry of Education in the reason of advoiding further scandal and corruptions of the police-led check system to electronic game business. But after the made of Electronic Game Arcade Business Regulation Act, the problems of police-led checking have been re-emerged endlessly. On the other hand, the local government over-explained the Electronic Game Arcade Business Regulation Act, Act 9, the electronic game business space should keep in distance over 50 meters from elementary schools, high schools, and hospitals, which restricted the rights of electronic game business running. After endless protests, judicial review no. 738 was finally made. In the review, the municipal cities, such as Taipei City, New Taipei City, and Taoyuan City, shall made their own regulations about electronic game business, which interpret the distance from elementary schools, high schools, and hospitals should be over 800 meters far. That would more meet the principle of proportionality and separation of powers. But the local governments have the rights to modify according to the objective conditions. I have to raise the question for that, since the electronic game business had been seen as the monster for the society, why does the judicial review no. 738 widen the range of reasonable adjusting power? And how does the local government estimate the distance restriction among such enormous interests groups. With the raise of internet industry and smart phone, electronic game business is almost a sunset industry, especially the coming of the era for home video game console, which substitute the status of electronic game business in the past. Besides, the substitution of general level of electronic game, the restricted ones are also substituted by laptops and smart phones. The law-makers do not have the senses of prohibit the internet gambling crimes, but to raise the business restriction for electronic games. Just as the judicial review No. 738 mentions, the distance should be kept because of the law-making should accord to the purpose of maintaining social peace, good traditions, public safety, and citizens’ health. Now a day that the zero-distance of internet gambling and crimes which could even be downloadable for free. The reality is more like to need to be concerned rather than the restriction for a dying sunset industry, electronic game business.