日本、美國徵信業法制之探討

我國徵信業之經營模式已跳脫原有工商徵信之範疇，現今則以因應社會需求而生的偵探業務為主，並以外遇抓姦為大宗，因而導致諸多違法事件。我國政府對徵信業之管理態度亦不積極，過去針對管理徵信業所發布之法規範，皆將範圍限縮於工商徵信部分，造成從事偵探業務的徵信社角色不清。上述情形監察院於2003年即針對我國徵信業者長期以來，非法從事偵探業務，嚴重侵害民眾隱私權一現象，對行政院、內政部與經濟部提出糾正案。然該糾正案至今已逾10年，我國仍未有管理徵信業之相關法制，顯示出政府機關對於徵信業的管理態度不積極，使得徵信業得以遊走於法律邊緣，將法律灰色地帶發揮的淋漓盡致。爰此，本文希藉由探討美國及日本徵信業之管理法制，提出改進我國徵信業管理法制之建議。

關鍵字

徵信；調查；法制

並列摘要

In Taiwan the operating model of private investigation industry has gone beyond the scope of industrial and commercial credit investigation. Nowadays private investigation industry mainly refers to private detective business that emerges to meet the social needs. Most of the cases received by private investigation companies are catching husbands with mistresses and catching couples in adultery, and private investigation companies are inevitably involved in violation of laws. But Taiwan government's attitude towards regulation of private investigation industry is not quite active. The laws promulgated in the past to regulate private investigation industry only covered industrial and commercial credit investigation, giving unclear roles to those private investigation agencies engaging in private detective business. In view of the above phenomenon that Taiwan's private investigation industry had long been illegally engaged in private detective business and constituted serious infringement of people's privacy, the Control Yuan proposed a corrective measure to the Executive Yuan and the Ministry of the Interior in 2003. Nevertheless, it has been over 10 years since the corrective measure was proposed. Up to now there is still no legal system in Taiwan concerning regulation of private investigation industry. It reveals that the government departments still does not take an active attitude towards regulation of private investigation industry, thus enabling private investigation industry to exploit legal loopholes and attain advantage in the gray area of laws. Therefore, the paper intends to refer to the related regulating legal system of the United States and Japan, and gives suggestions for improving the legal system for regulation of private investigation industry.

並列關鍵字

private investigation industry ； investigation ； legal system

國際替代計量

日本、美國徵信業法制之探討

全文下載

主題瀏覽