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我国台湾地区“金融消费者保护法”的实施,成为日后处理各式金融消费争议之依据。然而,该“法”之规范基础源于民事法规定和有关学理,所涉争议事件之评议亦依循合同之精神或原则,因此,理当深究产生背景及期间民事法所处理事实与争点所在,藉以明了立“法”原意,达于真正保护消费者而兼顾各方利益。从而,海纳各家学理,取其精华;透过整理、解构过往裁判内容及当事人双方主张,进而解释适用之法理及其范畴亦有其必要。于文末以客观视野提出对于该“法”之意见及实务运行之缺憾,作为日后修订时之参考,进而达成维护金融秩序和健全金融消费市场之目标。
The implementation of the “Financial Consumer Protection Law” in Taiwan of our country has become the basis for handling various types of financial consumer disputes in the future. However, the normative foundation of the “law” stems from the provisions of the civil law and the related theories. The deliberations of the controversial issues also follow the spirit or principle of the contract. Therefore, it is necessary to study the circumstances and issues that the civil law deals with , In order to clarify the original meaning of “law”, in order to truly protect consumers and take into account the interests of all parties. Therefore, it is also necessary to learn the legal principles and their respective categories through organizing and deconstructing the contents of the past judgments and the claims of both parties. At the end of the article, with the objective field of vision, he put forward the shortcomings of the opinions and practices of the “law” as a reference for future revision, and then reached the goal of maintaining the financial order and improving the financial consumer market.