| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === With the rapid development of the network world, the Internet doesn’t have obvious boundaries or segmentations between countries, so its transaction pattern is certainly different from the old patterns. However, in terms of the current practice of the online trade, the contractual relationship between the business operators and the consumers is applicable to the regulations related to mail-order sales under the Consumer Protection Statutes. At the very beginning when passing the law for mail-order sales, it didn’t deal with the online trade. Therefore, it deserves discussion whether it is uniformly applicable.
This paper takes the whole of the network transaction as the structure, first discussing the E-commerce, and then introducing the regulation of the National Consumer Protection Statutes, finally proposing exploration and related suggestions for the dispute types encountered in the practice. Chapter One is introduction which expounds the motivations and study methods of this study. Chapter Two introduces the definition and types of E-commerce, and further illustrates the types of E-commerce subjects and objects. However, in order to cope with the special characteristics of the E-commercial transaction types, which is different from the traditional face-to-face transaction type, this paper specially introduces the payment means and dispute solving mechanism of the online trade. Chapter Three firstly discusses the evolution process and the legislation features of the National Consumer Protection Statutes, and puts forward illustrations to the subjects and objects applicable to the Consumer Protection Statutues. Therefore, in order to fully understand the regulations of mail-order sales, it specially describes the purposes, conditions and special regulations of the mail-order sales, and discusses whether the E-commerce is applicable to the part of mail-order sales. Chapter Four discusses the questions about the online trade met in the practice by listing examples and referring to the related opinions of the court and practice. Chapter Five is the study conclusions and suggestions, expecting the central authorities and legislators can adopt law-making or legal amendment model for the special characteristics of the online trade and create a win-win situation for both the consumer and the enterprise operator.
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