The Applicability of the Consumer Protection Law in Medical Malpractice Disputes in Taiwan

The issue of whether or not no-fault liability under the Consumer Protection Law (“CPL”) applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted medical care as “services” under Article 7 of the CPL. Under this interpretation, patient services must meet “reasonably expected safety standards,” while health care providers are subject to no-fault liability. This interpretation was strenuously opposed by the medical profession and invoked much debate over its validity in the legal field. After the Bo-Li case, the lower courts expressed different views on this issue. The Taiwan Supreme Court was also silent for seven years until recent decisions where the Court refused to apply the CPL to medical malpractice. Despite this, it is still unclear whether the interpretation will be codified, as the Legislature was reluctant to exclude medical care from the reach of consumer protection. The Bo-Li case reveals current policy and practicability concerns in Taiwan. Under the current scheme, it is difficult to prove the culpability of doctors in medical injury cases. Thus, no-fault liability under the CPL may serve as an alternative avenue to compensate victims. However, Taiwan does not have an insurance network and social welfare system that is favorable to this possibility. Under the current arrangement in Taiwan, instituting no-fault liability would eventually force health care providers to practice defensive medicine. Weighing all these factors, this Comment proposes that no-fault medical liability is currently impractical. Instead, Taiwan should aim to resolve issues under the current scheme to improve the litigation process, strengthen the duty of informed consent, and increase the use of malpractice insurance

Vietnamese Immigrant Women's Learning in Taiwanese Higher Education

AbstractAccording to a sociocultural approach to adult learning, this study aims to explore the learning experiences of Vietnamese immigrant women in Taiwanese higher education. Based on the interviews of 11 married Vietnamese immigrant brides, it was found that all of the immigrant women emphasized the importance of pursuing higher education in Taiwan. With permission from their husbands, these immigrant women participated in higher education to develop the human and cultural capital to fulfill their expected responsibilities both in their homeland and in their host societies and to combat discrimination from Taiwanese. In the Taiwanese-centered higher education, immigrant wives continuously worked hard to prove themselves competent and negotiate their voice and cultural identity. Participating in higher education and even obtaining a Taiwanese master's degree empowered most of these women, gaining self-confidence and a voice in the family and facilitating their settlement into Taiwanese society. For these female immigrants, both their culture and early socialization in Vietnam and sociocultural life experiences in Taiwan affected their learning in their pursuit of Taiwanese higher education

The Effect of Mobile Gamification on Brand Loyalty

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Nurturing User Creative Performance in Social Media Networks: An Integration of Habit of Use with Social Capital and Information Exchange Theories

[[abstract]]Purpose – Creative performance relies on the capability of developing and presenting an original concept or idea, and the collaborative production of creative content which enhances feeling of connection with others and formation of strong community. The purpose of this paper is to apply the theory of work performance containing four dimensions (capacity, opportunities, willingness, and performance) to investigate how the capabilities of social network sites enhance user creative performance through collective social capital and information capital (opportunities) for and individual habit of use (willingness) of the user to engage in social learning process. Design/methodology/approach – Many measurement items are adapted from the literature, except those measuring the constructs of social media capabilities (i.e. transmission velocity (TV), parallelism, symbol sets, rehearsability, and reprocessability) and user creative performance. The study uses survey method to collect data from social media network (SMN) users in Taiwan. Facebook is chosen as the source because it is the most prevalent and sophisticated social media platform that provides a home for users to interact and communicate. Structural equation modeling with partial least square is used to analyze the usable data collected from 533 Facebook users. Findings – The results show that the constructs are significantly and positively correlated, meaning that social media capabilities enable social capital, information capital, and habit of use to improve user creative performance in SMNs. Three out of five social media capabilities (i.e. TV, parallelism, and rehearsability) are identified as the key enablers. Research limitations/implications – Because of the sampled surveyed subjects and the single research method, there are some limitations in this study. The research results may lack generalizability that should be taken into account when they are interpreted. The authors encourage researchers to test the proposed theoretical model further with additional subjects, variables, and linkages. Practical implications – The findings of this research shed light for managers of SMN platforms on how to manage the platforms more effectively. A healthy SMN platform must implement at least these three media capabilities: the functions of news feed (i.e. TV), chat (i.e. parallelism), edit (i.e. rehearsability), in order to sustain its service. Social implications – This study confirmed that user creative performance can be increased in various ways through social capital, information capital, and habit of use. Company management should use SMNs (e.g. Facebook or Twitter) to enable employees to interact and exchange ideas and promote “coopetition” among employees across the company. If the organizational culture supports free expression of ideas and sharing of opinions, the development and robustness of group creativity can be enhanced, leading to higher competitive advantage for a company against its competitors. Originality/value – Past studies related to individual creativity have mostly discussed it as a personality trait or talent; yet, personality trait or talent is implicit until it is shown by one’s behavior. Thus, for the collective performance of user creativity on SMNs, the authors elicit individual creativity through the creative performance manifested by user behavior. Furthermore, the authors confirm that social capital, information capital, and habit of use are the critical antecedents of user creative performance, and that the five social media capabilities are the enablers of social capital, information capital, and habit of use on SMNs.[[notice]]補正完

Understanding Impulsive Buying Behavior in Mobile Commerce

Mobile commerce, under the mature development of mobile devices and mobile technology services, has gradually influenced consumer shopping behavior and e-commerce patterns. The majority of past research of mobile commerce has concentrated on mobile technology and consumer shopping behavior. Fewer works took a mobile media application point of view to discuss the effects of mobile devices, mobile service performance and content on consumers\u27 impulse buying intent. Therefore, the aim of this study is to take the perspective of mobile media technology convergence on combination with the impulsive personality of consumers and flow experience to understand the impulsive purchase intent of consumers on mobile commerce platforms. Data collected from 322 customers of the iTunes (App store) provide strong support for the research model. The results indicate that a higher level of impulsivity reduces the effect of enjoyment on irresistible urge to buy. The data also show that emotional conflict, positive buying emotion, mood management, cognitive deliberation, disregard the future and unplanned buying are important to impulsivity formation and thus relevant within the context of impulse buying intention. The survey results provide service providers to design applications that attract consumers to make impulse purchases

Exploring the Retargeting Strategy of Telepresence

Retargeting is based on the “Rule of Seven”, which is an old theory coined by Dr. Jeffrey Lant and states that a customer must to be touched 7 times before becoming aware of a product or service and take action. Thus, it is critical to increase consumer touch points through Retargeting to drive potential sales. Therefore, this study strives to explore the remarketing strategies of virtual reality (VR) retargeting campaigns in accordance with telepresence theory for the tourism industry. VR telepresence is proposed as a formative second-order construct driven by reality judgement, internal/external correspondence, and attention/abortion. We further found that consumers’ experiences with VR retargeting campaigns were classified as either positive or negative effects on their sense of immersion to enhance consumer purchase intention. Finally, it hopes to provide more insights on VR design strategies of experiential marketing for the tourism industry. Based on a survey by Statista (2017), 96% of internet users in the U.S. would leave an online shopping website without making a purchase, suggesting that very few people would actually buy something during their first visit to a site, even if they have the intention to do so. Another study by OmniVirt (2018), based on over 700 million ads served, found that in a promotional campaign that was displayed 700 million times, 85% of internet users are willing to finish watching a 360-degree video, compared to 58% for its 2D video counterpart. In order to produce advertisements that attract a wider audience and boost sales, more and more brands are turning to immersive experiences. Compared to traditional ad campaigns featuring similar elements and positioning, immersive advertising can lead to higher click through rates, which in turn increases brand awareness (Parikh, 2019). With a view to enhancing consumers’ experience with retargeting marketing campaigns, the present study addresses how precision and immersive experiential marketing targeted at potential customers can increase their motivation to purchase. Based on Marvin Minsky’s (1980) theory of telepresence, three virtual reality (VR) scenarios featuring life-like images and audios are designed and stimulated by a computing device in a high-fidelity stereoscopic virtual 3D space, creating an immersive user experience. Through this immersive virtual experience (Lanier, 1988), the author examines consumers’ emotional states evoked by the virtual environment, which serves as the basis for further discussion on the effectiveness of VR retargeting travel ads. Research methods employed in this study to measure participants’ positive and negative emotions include administering a written questionnaire and monitoring their brainwave activities. In sum, the main objective of the present study is to explore the impacts of telepresence as well as the quality of retargeting on consumer purchase behavior. The expected contributions of this study are threefold: (1) addressing the quality of retargeting advertising (which has yet to be thoroughly explored in the past) in order to formulate a better understanding of the interaction between advertising quality and consumer behavior; (2) incorporating telepresence as part of consumer experience has a positive impact on retargeting advertising, encouraging potential buyers to take action; and (3) brain wave analysis can offer insights into participant’ positive and negative emotions, which improves the validity of this study. In conclusion, this study strives to explore the remarketing strategies of virtual reality (VR) retargeting campaigns in accordance with telepresence theory for the tourism industry. The practical findings of the present study can serve as a reference for digital marketers in setting the optimal advertising strategies to elicit the desire to purchase from prospective customers

Exploring Antecedents of Habit On Social Network Service

Social network service (SNS) with the Web 2.0 concept embedded involves using multimedia to enable social interaction and information sharing. The objective of this study is to explore the antecedents of habit in the context of social network services. Though the combination of media synchronization theory, social capital theory, and collaborative information exchange, we conducted and examined a model of SNS effects on the habit. In the research model, social interaction capital is proposed as one formative second-order construct driven by social network, share goal, and social trust, and information interaction capital also is proposed as another formative second-order construct driven by breath and quality of information exchange. It is hoped that platform managers can benefit from the insights and implement more effective management of SNS use

Testing The Antecedents of Well-Being and Its Effects on Loyalty: A Comparison Between Taiwan and Sweden College Students

Cross-cultural well-being is more critical to a social network service (SNS) development, since this kind of services need to help their users to builds social skills throughout the world. The purpose of this study is to investigate the antecedents of well-being and its effects on loyalty cross-culture differences between Sweden and Taiwan students on SNS. In the model, the well-being is divided into two formative second-order constructs: personal well-being and social well-being. personal well-being is driven by self-acceptance, autonomy, purpose in life, and personal growth, and social well-being is driven by positive relations with others and environmental mastery. A cross-cultural survey will be conducted to valid data from Sweden and Taiwan. The insights from this study will be expected to benefit social sellers in implementing more effective marketing strategies to foster brand loyalty

The Synesthesia effects of Online Advertising Stimulus Design on Word-of-Mouth and Purchase Intention: From the Perspective of Consumer Olfactory and Gustatory

Multisensory marketing has been seen as an approach improving advertising effect in the social science, neuroscience, and marketing literature. For examining visual/audio synesthesia, the effect of smelling and tasting an online product, this study first developed design elements of digital video advertising: rational/emotional appeals and fast/slow tempo. Moreover, it strives to investigate empirically the effects of various online advertisement contexts on consumer emotion, attitude, and behavioral intention. We used event-related potentials (ERPs) in a scenario-based laboratory experiments. Data collected from 166 customers provide strong support for the research model. Through EEG and SEM analyses, in rational advertisings, consumers’ olfactory was triggered and both arousal and pleasure of the emotions affected the attitudes; in emotional advertisings, not only olfactory but gustatory were triggered and only pleasure affected the attitudes. By understanding online advertising design and synesthesia, insights from the findings can benefit designers and marketers in implementing more effective marketing strategies