法學期刊
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論著名稱: 「電子票據」法制之研究(Legal Study on Electronic Notes)
編著譯者: 郭戎晉
出版日期: 2010.07
刊登出處: 台灣/法學新論第 24 期 /129-157 頁
頁  數: 28 點閱次數: 787
下載點數: 112 點 銷售明細: 權利金查詢 變更售價
授 權 者: 郭戎晉
關 鍵 詞: 電子票據票據法電子簽章法統一商法典統一電子交易法電子票據發行與流通法
中文摘要: 受惠於網路與資訊科技的快速發展,傳統上向以紙本型態呈現的實體票據,逐步發展出無紙化之「電子票據」。但就電子票據法制而言,各國發展則有不同,其中,美國率先嘗試於「統一電子交易法」中納入近似電子票據的概念,其後並為各州採納。而韓國則於二○○四年通過全球首部電子票據專法「電子票據發行與流通法」,構築有別於實體票據之法制架構。以國內而論,事實上並未因推動電子票據而制定、修訂相關法律,而是以既有的「票據法」及「電子簽章法」作為整體制度之主要法源依據,並由台灣票據交換所發布配套契約規範為輔。本文嘗試分析電子票據之概念與國內、外電子票據法制現況,同時針對國內現行制度可能潛藏的法制課題,詳加剖析並提出發展建議,以期助益各界對於此一數位時代新興議題之完整瞭解。
英文關鍵詞: electronic notesNegotiable Instruments LawElectronic Signature ActUniform Commercial CodeUniform Electronic Transaction ActAct on Issuance and Negotiation of Electronic Bills of Exchanges and Promissory Notes
英文摘要: After trading activities became part of human history, lots of payments methods were invented day by day. Furthermore, with technology developing continuously, new payment tools were also created rapidly. Following this trend, traditional paper notes are also substituted by electronic forms and became a useful payment method nowadays. Because the application of e-Notes has benefits of costs saving and processing efficiency, and could avoid traditional “lost” problems of paper notes. Many countries, including Taiwan, have already adopted e-Notes system. However, we have not yet embodied any legislation along this development. The “Law of Bill” and the “Electronic Signature Act,” on the other hand, are still applied to problems associate to e-Notes. In practice, the requirements of e-Notes are often going furtherer than rules which are originally embodies in the “Law of Bill,” and to tell the truth, this situation is not a good sign for the development of e-Notes system. In this article, I will first introduce the concept of e-Notes and its current usage in our country. After that, I will analysis the international trend of legislation around the world. Finally, I will further provide some suggestion to our legal system. Hopefully, I could provide enough knowledge for our society to understand the e-Notes system more.
目  次: 壹、前言
貳、電子票據於我國之推動與法制分析
參、其他國家電子票據法制之觀察
肆、我國現行法制之若干疑義及發展建議
伍、結語
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