我國跨境消費爭議處理機制之研議

The Study of Taiwan's Cross-Border Consumer Dispute Resolution Mechanisms

跨境消費爭議的性質特殊、跨越國境及標的金額小，現有實體面對面的民事訴訟或ADR 處理機制無法全然因應；且雖然有些從事跨境經營的業者或大型網路購物平台等已建有相關協處機制，但由於發生爭議的途徑及形式多樣，導致部分發生爭議的消費者無從或不願提出申訴，因此有需要建立多元的協處機制及良好的協處環境。
經本文從文獻檢視、相關問卷調查結果及焦點座談會各界代表建議加以綜合研議後，本文設定了建構我國跨境消費爭議處理機制的政策前提及願景，再據以研提短中長程推動策略包括：加強企業經營者的輔導、協助民間組織擴展跨境消費爭議協處網絡、研議建制我國跨境爭議處理專責組織、與外國洽簽跨境消費爭議合作處理協議等。

Due to its special characteristics, occurring over the border and with low price of claim, the cross-border consumer disputes cannot be sorely resolved by the current civil litigation or ADR mechanisms which require bringing both parties face to face. In addition, although some companies which engage in cross-border matters or large online shopping platforms have built the cross-border dispute resolution mechanisms, consumers cannot or are not willing to file the complaint because the types of dispute are diversified. Therefore, it is necessary to establish a more pluralistic mechanism as well as a good environment for dispute settlement.
In accordance with the literature review and the results originated from related surveys and focus group meetings held by the Department of Consumer Protection, the author firstly addressed the policy premise and vision of constructing the cross-border consumer dispute resolution mechanisms in Taiwan. Further, the authors proposed the short, medium and long term policy strategies including: (1) to strengthen the consultation and guidance to the related business operators; (2) to assist the non-governmental organizations in extending the cooperative networks for the cross-border consumer dispute settlement; (3) to consider establishing a dedicated cross-border consumer dispute resolution organization in Taiwan; (4) to sign cooperation agreements with foreign countries in dealing with cross-border consumer disputes.