1995年9月

公平交易法與消費者保護法之比較研究
An Analytical Comparison between the Fair Trade Law and the Consumer Protection Law

研究論文 Research Article

劉孔中
Kung-chung Liu

1-19

公平交易法與消費者保護法是我國由管制經濟進步到市場經濟的二個劃時代的立法，前者著重維護競爭秩序之自由及公平，後者則著重保護消費者。二者無論在立法目的、規範對象丶主管機關乃至彼此法條之解釋適用上，均有極密切的互動關係，本文之研究即以橫向之綜合比較，指出其間之異同以及可以相互映照之處，希望有助於改善分別研究不足之處。

Two years after the enactment of the Fair Trade Law (FTL) the Consumer Protection Law (CPL) was adopted on Jan. 10, 1994. This paper compares the two laws with respect to their purposes, subject matters, administrative authorities, and mutual influences. It comes to the conclusions that: 1. FTL with its Fair Trade Commission (FTC) aims to protect the market competition and competitors in the first place, and only secondarily to ensure an environment that is beneficial to the con­sumers as a whole, while CPL pursues the direct protection of the comsumers. 2. FTL with its administrative instruments regulates transactions in the market place that are not to satisfy consumer needs only. On the contrary CPL regulates the transactions that are made by the consumers. 3. FTC is an independent legal person under public law with full au­thority to investigate and make administrative acts, while the Con­sumer Protection Commission (CPC) is only a cabinet internal consulting body, which can neither investigate nor make administrative acts. 4. According to § 24 FTL deceptive or obviously unfair acts are forbid­den. Some regulations from the CPL can contribute to the finding of deception and unfairness, for example paragraphs 13, 18, 21, 24, 25 (deception), 12, 20 and 10 (unfairness). § 24 FTL in return helps to concretize some regulations of CPL, like § 4 and § 22.

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