| 關 鍵 詞： |
消費者；經銷商；製造商；進口商；定型化契約；侵權行為；商品責任；損害賠償；懲罰性賠償；誠信原則；公共利益 |
| 中文摘要： |
There is growing emphasis in Taiwan on consumerization and protection of the rights of consumers. This article briefly surveys the legal framework of consumer protection here. There is presently no Consumer Protection Law as such. A draft Consumer Protection Law prepared by the Ministry of the Interior was forwarded to the Legislative Yuan in 1984 where it has effectively been shelved and is likely to remain in limbo for a few more years. The main cause for delay in considering the draft law appears to be concern over the possible adverse impact it could have on the economy. As the future of the draft law is somewhat uncertain, it is proposed in this article to discuss consumer protection under the current legal framework without reference to the proposed new law. Under existing law , a purchaser or third person who suffers damage as a result of faulty products may claim compensation from , or have some a1terrrative remedy against, the person who supplied the raw materials, the manufacturer of the goods, the exporter, importer, wholesaler or other relevant person. The remedy may be based in contract or tort. Each of these is discussed in turn.
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| 目 次： |
I.General
II.Contractual Remedies
III.Tortious Remedies
IV.Protection of Consumers in Fixed Form Contract
V.Goverment Power to Order Recall or Destruction
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