The Analysis of Strict Liability’s Applicability to the Services upon Consumer Protection Law from the Perspective of Law of Economics

• Main Authors: Rong-Duan Yeh, 葉容端
• Other Authors: Li-Jen Kuo
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/05545402923651490787

碩士 === 國立成功大學 === 科技法律研究所 === 96 === Consumer Protection Law regulates both services and products share the equal liability; on the other hand, due to the conflict between the dissimilar nature of services comparing with products, it shall bring to the further discussion whether it stands to apply the strict liability to both services and products on the same weight of regulation. Several questions are developed instantly from the abovementioned concern which will become parts of the discussion in this essay, for instance, whether the products shall be manufactured in a great amount, or shall the products be restricted from returning after the proceeded payment, and moreover, whether the consumers shall have the right to test the products within a period of time legally allowed, etc. From the legislative perspective concluded both views of Consumer Protection Law and Civil Law, this essay investigates on the issue whether the recent definition of Service, its objects, and other relevant regulations all meet the certain applicability expected; in the meantime, the previous examples will be referred for the purpose to support the analysis. Consequently from the point of economic view, this essay will criticize the current regulations, and for the higher maturity of regulations, this essay will as well state the suggestions, which respond more accurately to the economic benefits. The final analysis results can be summarized as the following: 1.For the purpose of certain level of precautionary measures, it is considerable to increase the risk of penalty to the service providers for the cause of any accident. 2.Any strict liability applied to the services upon the external benefits is unadvised, and on the contrary, the opposite regulation shall be applied to the services upon the external cost. 3.Any legislative act on behalf of the administration or upon the acknowledgement of the administration to request the service providers the strict liability is considered as a partially inefficient method, yet the only possible method to achieve the objective of legislation. 4.The strict liability regulated on the service providers can result in the property redistribution; however, it effectively benefits the public welfare on the contrary. 5.Preventive means against the strict liability shall be considered for the service providers upon the lower cost. 6.The full compensation shall not be considered upon any insurance policy, which is the method to meet the highest economic efficiency for the service providers to be more responsible for their liability.