台湾公平交易法の成立とその背景および意義－－1980 年代の政策論争を中心に

Abstract

從1970 年代起台灣經濟的持續成長，最終促使經濟、產業必須面臨到經濟自由化、國際化的挑戰。原有的產業政策無法因應此一經濟自由化所帶來的轉變。因此整合市場競爭概念、特徵，做為國內產業遵循與因應挑戰之公平交易法開始進行立法。在立法過程中，公平交易法隨著國內經濟的發展與自由化，其目的與所扮演的角色有著大幅變化。本文以1980 年代的政策爭論為對象，就公平交易法的立法過程與其意義，特別是公平交易法與產業政策關係、經濟自由化下公平交易法所扮演的角色進行檢討。本文發現在市場開放、經濟自由化之際，政府企圖將公平交易法做為產業政策的一部份，以遏阻大型跨國企業到台灣來進行企業併購、惡意傾銷。本文也由此發現到在立法當時，公平交易法是具有統制性格以及做為產業政策運用之特徵。

The continuous growth in Taiwan from 1970s led the economy and industries to confront the eventual economic liberalization that inevitably followed. Given that the exiting industrial policies might no longer be justifiable and applicable to meet changes brought about by the development of the economic liberalization, the Fair Trade Law, which integrated the concept and features of market competition that allow domestic industries to align with and adapt to the new challenges, has to be fundamentally legislated. During the process of legislating Fair Trade Law, its purpose and role have undergone a huge change to match the development and liberalization of the economy. In an attempt to shed light on its role in the relationship between the Fair Trade Law and industrial policy, this paper investigates the drafting process of Taiwan’s Fair Trade Law and its implication in the context of policy debate in the 1980s. This study found evidence to suggest that during the period of opening up domestic market and economic liberalization, in addition to the exiting industrial policy, the government attempted to employ the Fair Trade Law to curb large foreign multi-national corporations in Taiwan from carrying out mergers and acquisitions and malicious dumping. The result of this study also suggests that the legislation of Fair Trade Law, heavily promoted by the government at that time, not only to complemented the industrial policy but was found to embed control characteristics.