The Study of Administrative Investigation of the Consumer Protection Law in Taiwan

• Main Authors: Ying-Che Wei, 魏英哲
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/43354164822410283418

碩士 === 國立雲林科技大學 === 科技法律研究所 === 99 === The administrative authority to realize the administrative rules and regulations content, supervises the people to observe the law, and ensure that the administrative authority exercises each authority suitably, must be collect information to the people of the activities, in the scientific theory is called the administrative investigation, for administrative law in indispensable administrative assisted state. Our country’s development of law on the administrative investigation is not defined, also has not subscribed has the administrative investigation law, and therefore is under the present legal system the administrative investigation, the legislator are clearly set a variety of survey methods authorized by administrative authority execution , or the purpose of the administrative authority to exercise the legal authority to execute supervision and inspection, to make inspection or examination of administrative rules or in the implementation of guidelines for presentation. For example, according to the consumer protection law established authority for the consumer protection commission, consumer ombudsman, civil consumer protection groups, responsible for the development, supervision of basic consumer protection policies, exercises investigation of consumer disputes and consumer protection rights, consumer education, etc. However, consumer protection authority to investigate the seizure of other relevant evidence, this behavior has involves has the violation risk to the people''s basic right, but also has the conflict in the enterprise operators and consumer basic right’s safeguard, hugely affected areas, the survey results show that the generally consumer can cause damage to the interests, also possibly causes in enterprise credit goodwill the injustice, whom have to be careful. This paper is about consumer protection laws for the administrative investigation of the major issues for in-depth legal research, separately the general administrative investigations in respect of legal and administrative investigation of consumer protection law, proposed respectively potential or already dispute of the existing disputes, and proposes the suggestion and opinion.