A Study of Alternative Consumer Dispute Resolution among Administrative and Judicial Aspects

• Main Authors: YI-CHUN CHEN, 陳怡君
• Other Authors: Nai-Yu Chen
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/4rf88n

碩士 === 中原大學 === 財經法律研究所 === 105 === This dissertation took the alternative dispute resolution mechanism (ADR) of consumer dispute as the core, used the relevant theory and classification as the basis of the argument, and analyzed the history and development of consumer protection as the analysis background, through the empirical interview and data analysis, researching ADR among administrative and judicial aspects, to sum up the problems arising from the existing system, and then supplemented by the United States’ ADR development experience, than cited as the structure of this argument, and to make recommendations. First of all, although the right to procedure options is the embodiment of Article 16 of the Constitution to give the people the right of instituting legal proceedings, refinement of ADR for consumer disputes could reduce the administrative and judicial organs of the allocation of improper resources. Thus, it is proposed that amendment of the existing Article 406 (a) (2) of Civil Procedure Law should be done, and the exclusion clause of the provision should be added at the same time, providing accessibility to settlement consumer disputes for enhancing the right to procedure options. Meanwhile, the practice of multi-level judicial ADR in the United States could take it as a reference for that amendment. Secondly, due to the consumer protection belonging to local self-government, the dissertation suggested that competent authorities concerning consumer protection among county (city), municipal government, should formulate administrative rules for internal operation, specifying the various consumer disputes that are not admissible, relevant penalties for consumers'' indiscriminate appeals, relevant provisions of the punishment for absence of traders required, all of which could be taken account of administrative resources in the maximization, and administrative ADR for the effective operation under the Consumer Protection Act. Finally, given that practice of judicial ADR is committed to promoting and fruitful experience in the United States, the dissertation suggested that Judicial Yuan should strive to unify the administrative rules to encourage judges to personally preside over judicial ADR by means of cases distribution reduction, hoping to decide consumer disputes with neutrality and professionalism once and for all.