英文摘要 |
In order to attract consumers to purchase goods or services, nowadays the marketing strategies have become endlessly divergent and outlandish. With the sharp growth of the population of single males in recently years, it is astonishing to see more and more incidents in which the “gold digger” promotes the sale transaction by the false love and affection. Due to the fact that the criminal offense could hardly be constituted by this type of fraudulent behavior, the victims in such cases usually seek relief through the civil compensation claim. However, the civil proceeding takes a long time so that the fraudsters may arrange a fraudulent conveyance for hiding their assets. As a result, the victims cannot acquire the compensation and thus the timely intervention of administrative supervision is essential. Accordingly, this article begins by reviewing some selected cases from this type of civil litigations and finds that the court’s reasoning seems somewhat contradictory to the legislative intent of the Consumer Protection Act in Taiwan. Furthermore, this article suggests that Japan’s “Seductive Commercial Act” should be a good legislative model for Taiwan to reform its legal framework in dealing with this type of fraudulence. In particular, the 2009 Amendment of the Act on Specified Commercial Transactions in Japan categorizes these cases as “door-todoor sales” and allows the competent agency to conduct an investigation, and which in turn leads to issuing an order for making corrections or other administrative sanctions with respect to the “misinformation or misrepresentation in sale”, “confusing sale”, and “undue sale”. Finally, this article summarizes the focal points of the newly amended Consumer Protection Act in Taiwan, analyzes its unresolved problems, and presents a legislative proposal for resolving the aforementioned disputes. |