Summary: | 碩士 === 中原大學 === 財經法律研究所 === 98 === By referring to the related practicum understanding of Draft governing Commercial Electronic mail abuse act and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 of America, this essay intend to explain the necessity of restraint by criminal law on Commercial Electronic mail abuse issue. About the research method, mainly use “document review method” and “comparative research method” to proceed discussions on queries from the essay. Besides our domestic research, the range also cover America and mainly focus on the punishment and regulation of criminal law on Commercial Electronic message abuse and the related law, practicum and theory understanding of computer crime. To well support the following thesis, which also introduce the related information of Commercial Electronic mail abuse and its restrain strategies. The overall essay will firstly introduce the development of commercial electronic mail and its abuse-fighting history, secondly review the inefficiency on draft governing commercial electronic mail abuse Act; thirdly make further discussion on American legislation’s strategies to fight Commercial Electronic mail abuse and its legislate process, and see if there is any for our reference, and lastly introduce the damage of law situations caused by commercial electronic mails and see how legislation of Taiwan can react, via absorbing the way American legislation do.
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