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    Please use this identifier to cite or link to this item: http://ccur.lib.ccu.edu.tw/handle/A095B0000Q/897

    Title: 論金融消費者保護法制之研究-以保險人之義務為中心;A Study on the Legal Regime of Financial Consumer Protection – Based on the Obligations of Insurers
    Authors: 陳建宏;CHEN, JIAN-HONG
    Contributors: 法律系研究所
    Keywords: 歐洲保險銷售指令;金融消費者保護法;保險商品;保險消費者;金融消費者;歐洲保險契約法原則;The EU Insurance Distribution Directive;Financial Consumer Protection Act;Insurance Products;Insurance Consumers;Financial Consumers;The Principles of European Insurance Contract Law
    Date: 2017
    Issue Date: 2019-07-17 10:52:51 (UTC+8)
    Publisher: 法律系研究所
    Abstract: 金融消費者保護法制為世界各國均重視之議題,特別於2008年金融海嘯後更顯重要。我國於2011年通過金融消費者保護法,對金融消費者之權益保障雖有更上一層樓之感,惟他山之石,可以攻錯,透過與外國法之比較、分析,能知其中優劣與缺漏,從而加以修正或新增,使我國對金融消費者之保護法制得以更加完整、充足。近年歐盟為避免其會員國間對金融消費者之保護法制皆不相同,使金融消費者之保障有所差別,故積極整合其會員國間對於金融消費者保護法制,訂立相關指令,期使會員國對金融消費者之保護得以統一。英國於歐盟訂立相關指令後,為配合歐盟之政策,亦有訂立相關法令,予以響應之。是以,本文將以歐盟法與英國法作為比較分析之對象,參酌其中之優劣以比較我國法之不同,及其缺漏之處,以提供立法者做為未來修法之借鏡。 觀諸金融消費評議中心對於金融服務業之申訴統計資料,保險案件幾乎是年年奪冠。揆其問題所在,係因保險銷售過程係由保險業務員擔任第一線之銷售人員,而多數保險業務員無於締結契約前踐行適合性原則及告知說明義務,使消費者購買到與自身屬性不相符合之商品,導致嗣後發生與自身期待不符之情況。於此等情況雖對資力充足之消費者影響較小,然大多數消費者之資力並不充足,恐難以承受巨大損失。縱係企業,於我國亦多以中小企業為多數,其能承受風險之能力亦相當有限。準此,本文將以保險商品為主軸,再以保險人之適合性原則與締約前及後之告知說明義務做為研究之重心,希冀對保險消費者之保障能更進一步,從而消弭爭端之發生。
    The legal regime of financial consumer protection has been regarded as a crucial issue in every country worldwide, even more so since the 2008 Financial Crisis. In 2011, Taiwan passed the Financial Consumer Protection Act to protect financial consumers further. As the famous Chinese idiom says, “a stone from other mountains can drill into a piece of hard jade.” That is to say. One can always improve by learning from others’ experiences and mistakes. By comparing with and analyzing the laws of foreign countries, the strengths and weaknesses of our legal regime, as well as its defects and omissions, would be shown and accordingly could be either fixed or amended, depending on circumstances. By doing so, the Taiwan legal regime would be much complete and sufficient. By ways of methodology, this thesis selected the laws of the European Union (hereinafter referred to as the “EU”) and the United Kingdom (the “UK”) as the comparative basis. The EU has drafted many directives to unify the protection for financial consumers of each member countries since there were various versions of regulations regarding the protection of financial consumers among the member countries, which had made consumers received a various degree of protection. Correspondingly, the UK also passed related law and regulation. Therefore, this thesis compared the differences, the advantages, and disadvantages among Taiwan legal regime, the EU, and the UK system. It further pointed out the insufficiency of Taiwan regime as a reference for future amendments. Based on the statistical data concerning the total amount of the complaints against financial service providers, collected by the Financial Ombudsman Institution in Taiwan, the complaints related to an insurance dispute has topped the first rank almost every year. The reason why this problem happened was the business practice of insurance sales promotion nowadays. That is, the front line sales personnel is always an insurance representative. Most of them did not follow the doctrine to examine the suitability and comply with the duty of disclosure, which not just caused consumers to purchase the insurance products not suitable for their characteristics but also failed to meet their expectation at a later date. For consumers with deep pockets, the impact of this practice was relatively minor; whereas its damage might be overwhelmingly immense for the majority of consumers with unsatisfying financial situations. It was still the case even for many enterprises, nearly all of which were small and medium-sized enterprises with an only limited capability to assume the risks. Accordingly, this thesis examined insurance products in the market and then studied the suitability doctrine imposed on insurers as well as the duty of disclosure, before and after entering into the contract. This thesis hopes to inspire a further protection for insurance consumers and thus eradicate the possibility of any future disputes.
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