2021 年 10 月 1 日

Opinions of the Supreme People’s court, the Supreme People’s Procuratorate and the Ministry of Public Security on Issues in the Application of Law in Handling Telecommunications Network Fraud and Other Criminal Cases (II) (Mainland China)

Di Wu To further punish telecommunications network fraud crime and engage in a comprehensive crackdown on all associated upstream and downstream crimes, as well as addressing the new and outstanding problems observed from judicial practices, the Supreme People’s Court, the […]
2021 年 10 月 1 日

Online Litigation Rules of the People’s Courts (Mainland China)

Jolene Chen On June 16, 2021, the Supreme People’s Court issued the Online Litigation Rules of the People’s Courts, which contain systematic regulations on the legal effects, basic principles, applicable conditions, etc., of online litigation, and how it will play […]
2021 年 9 月 1 日

Seven Model Cases on Full Exercise of Judicial Power by the People’s Court in Protecting Property Rights and Interests of Businesses (Third batch) (Mainland China)

Jolene Chen On May 19, 2021, the Supreme People’s Court released the third batch of model cases where the people’s court fully exercised its judicial power to protect property rights and the interests of entrepreneurs.  In particular, the cases pertain […]
2021 年 9 月 1 日

Provisions of the Supreme People’s Court on Issues Regarding the Adjudication of Bank Card Civil Disputes – Liability and Compensation Relating to Fraudulent Bank Card Transactions (Mainland China)

Joyce Wen On May 24, 2021, the Supreme People’s Court promulgated the Provisions on Issues Regarding the Adjudication of Bank Card Civil Disputes (the “Provisions”).  Consisting of 16 articles in total, the Provisions primarily regulate civil disputes between cardholders and […]
2021 年 8 月 1 日

Released by the Supreme People’s Procuratorate of 12 Model Cases in 2020 Involving IPR Protection by Procuratorial Organs (Mainland China)

Jolene Chen On April 25, 2021, the Supreme People’s Procuratorate released 12 model cases involving the protection of intellectual property rights (IPR) by procuratorial organs in 2020.  These cases show how IPR protection is strengthened to effectively safeguard the rights […]
2021 年 8 月 1 日

Partial Amendments to the Code of Criminal Procedure via Presidential Directive (Taiwan)

Angela Wu and Tina Lee The President promulgated, via the President-Hua-Zhong-One-Yi-11000055351 Directive of June 16, 2021, Articles 234, 239, and 348 of the Code of Criminal Procedure as amended, which came into effect on the day of their promulgation.  The […]
2021 年 7 月 1 日

Decision of the Supreme People’s Court on Amending the Provisions on the Jurisdiction of the Shanghai Financial Court (Mainland China)

Joyce Wen The Supreme People’s Court released the Decision of the Supreme People’s Court on Amending the Provisions on the Jurisdiction of the Shanghai Financial Courts (the “Decision”) on April 21, 2021 to amend the Provisions of the Supreme People’s […]
2021 年 7 月 1 日

If an evidentiary method based on the stated intention of the parties is related to the matters to be proven, it shall not be predetermined that since results are difficult to obtain, no investigation is required for a lack of necessity, or the principle that predetermination of evidence shall be prohibited is violated (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2496 Decision of December 16, 2020 (hereinafter, the “Decision”), holding that if an evidentiary method based on the stated intention of the parties is related to the matters to be proven, it shall […]
2021 年 7 月 1 日

The provision that the number of detention days short of one year before a final decision is rendered shall not be counted as part of the sentence that has been carried out for a parole on a life sentence in Article 77, Paragraph 2 of the Criminal Code as amended and promulgated on November 26, 1997 violates the principle of equality under Article 7 of the Constitution (Taiwan)

Nora Shih The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 801 of February 5, 2021 (hereinafter, the “Interpretation”), holding that the provision that the number of detention days short of one year before a final decision is […]
2021 年 7 月 1 日

Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice on Further Increasing the Punishment for False Lawsuit Offenses (Mainland China)

Jolene Chen After the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Explanation on Issues Concerning the Application of Law in Criminal False Lawsuits, the Supreme People’s Court and the Supreme People’s Procuratorate, together with the Ministry […]
2021 年 6 月 1 日

If only the favorable or unfavorable part of a witness’ testimony is taken as the basis for factual determination, and it can hardly be concluded that the decision does not violate laws and regulations (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-909 Decision of December 17, 2020 (hereinafter, the “Decision”), holding that if only the favorable or unfavorable part of a witness’ testimony is taken as the basis for factual determination, it is against […]
2021 年 6 月 1 日

An analysis of an application for a temporary injunction by the satellite channel enterprise for license renewal (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 109-Cai-2220 Ruling of December 11, 2020 (hereinafter, the “Ruling”), holding that an application for a temporary injunction is preconditioned by the existence of claims in the case, and the applicant can file […]
2021 年 6 月 1 日

10 Technology-based Intellectual Property Rights Model Cases Before the Intellectual Property Court of the Supreme People’s Court in 2020 (Mainland China)

Jolene Chen On February 26, 2021, the Intellectual Property Court of the Supreme People’s Court published the 10 Technology-based Intellectual Property Rights Model Cases in 2020 (the “Cases”).  The Cases play an important role in providing guidance in technology-based intellectual […]
2021 年 6 月 1 日

Interpretation of the Supreme People’s Court on the Application of Punitive Damages in Civil Intellectual Property Rights Infringement Cases (Mainland China)

Jolene Chen The Supreme People’s Court released its Interpretation on the Application of Punitive Damages in Civil Intellectual Property Rights Infringement Cases (the “Interpretation”) on March 2, 2021.  Looking at the newly amended intellectual property right law series in the […]
2021 年 5 月 17 日

Regulations on the Prevention and Handling of Illegal Fundraising (Mainland China)

Karl Zhang On January 26, 2021, the State Council promulgated the Regulations on the Prevention and Handling of Illegal Fundraising (the “Regulations”), which will go into force on May 1, 2021 and are highlighted below: 1. Definition and applicable scope […]
2021 年 5 月 17 日

An employer shall not be jointly liable if an employee who engages in a tortious act has lost the qualifications as an employee or if the act objectively does not appear to be engaged to perform job duties or if the act is simply a personal criminal offense not related to the performance of job duties (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-2064 Decision of October 19, 2020 (hereinafter, the “Decision”), holding that joint liability under Article 188 of the Civil Code does not apply if an employee who engages in a tortious act has […]
2021 年 5 月 17 日

Provisions on the Handling of Cybercrime Cases by People’s Procuratorates (Mainland China)

Joyce Wen On January 22, 2021, the Supreme People’s Procuratorate issued the Provisions on the Handling of Cybercrime Cases by People’s Procuratorates (the “Provisions”).  Consisting of a total of 7 chapters and 65 articles, the Provisions set out a whole […]
2021 年 5 月 17 日

The Supreme People’s Procuratorate’s Issuance of the First Batch of Model Cases on the Protection of Lawyers’ Right to Practice (Mainland China)

Jolene Chen On February 5, 2021, the Supreme People’s Procuratorate released the First Batch of Model Cases on the Protection of Lawyers’ Right to Practice (the “Cases”), which contain supervision cases involving a lawyer’s right to know, a lawyer’s right […]
2021 年 3 月 1 日

Interpretation of the Supreme People’s Court on the Application of the Guarantee System under the Civil of the People’s Republic of China (Mainland China)

Di Wu The Supreme People’s Court formulated on December 25, 2020 the Interpretation on the Application of the Guarantee System Application of the Civil Code of the People’s Republic of China the “Interpretation”) for the correct application of the guarantee […]
2021 年 3 月 1 日

Interpretation (I) of the Supreme People’s Court on the Application of the in rem Rights Section of the Civil Code of the People’s Republic of China (Mainland China)

Di Wu To properly adjudicate disputes over in rem rights, the Supreme People’s Court formulated the Interpretation (I) on the Application of the in rem Rights Section of the Civil Code of the People’s Republic of China (the “Interpretation”) in […]
2021 年 3 月 1 日

Several Provisions of the Supreme People’s Court on the Application of Retroactivity in the Civil Code of the People’s Republic of China (Mainland China)

Jolene Chen On December 29, 2020, the Supreme People’s Court issued the Several Provisions on the Application of Retroactivity in the Civil Code of the People’s Republic of China (the “Provisions”), which came into effect on January 1, 2021.  The […]
2021 年 3 月 1 日

Guidelines for the Enforcement of Intellectual Property Rights Decisions (Mainland China)

Karl Zhang On December 10, 2020, the Supreme People’s Court promulgated the Guidelines for the Enforcement of Intellectual Property Rights Decisions (the “Guidelines”), which mainly include the following contents. I. Specific scope of intellectual property rights (IPR) cases IPR cases […]
2021 年 3 月 1 日

The requirement that service by deposit shall be effective after the service is completed pursuant to law in accordance with Article 74 of the Administrative Procedure Law is justified and does not violate the principle of due process under the Constitution (Taiwan)

Nora Shih The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 797 of the Judicial Yuan (hereinafter, the “Interpretation”) on November 20, 2020, holding that the requirement that service by deposit shall be effective after the service is […]
2021 年 3 月 1 日

Although a general court is bound by an administrative court’s final adjudication in determining the illegality of an administrative disposition, still it is necessary to examine if other elements of national compensation are present (Taiwan)

Frank Sun The Supreme Court rendered the 109-Tai-Shang-2437 Decision of October 22, 2020 (hereinafter, the “Decision”), holding that although a general court is bound by an administrative court’s final adjudication in determining the illegality of an administrative disposition, still it […]
2021 年 3 月 1 日

If a legal relationship confirmed through a court decision still cannot eliminate its unstable state, it is difficult to conclude that the legal benefit of a declaratory judgment is enjoyed (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-1952 Decision of September 3, 2020 (hereinafter, the “Decision”), holding that if a legal relationship confirmed through a court decision still cannot eliminate its unstable state, it is difficult to conclude that the […]
2021 年 3 月 1 日

When an actor engages in one act that constitutes the criteria for the offense of non-arm’s length transaction and the offense of special breach of trust under Article 171 of the Securities and Exchange Law, the actor shall be penalized based on imaginative joinder of offenses for one of the offenses which entails a heavier penalty (Taiwan)

Oli Wong The Grand Criminal Chamber of the Supreme Court rendered the 108-Tai-Shang-Da-Four-Zi-2261 Adjudication of October 29, 2020 (hereinafter, the “Adjudication”), holding that when an actor engages in one act that constitutes the criteria for the offense of non-arm’s length […]
2021 年 3 月 1 日

The Supreme Court issued its opinions on the interpretation of the so-called “bona fide third party” in Article 5, Paragraph 1 of the Personal Property Secured Transactions Law in a conditional sale (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2099 Decision of October 14, 2020 (hereinafter, the “Decision”), holding that the requirement is that a bona fide third party in a conditional sale trades with the possessor of an object due to […]
2021 年 2 月 1 日

Circular of the Ministry of Civil Affairs on the Full Implementation of the Marriage Registration Provisions in the Civil Code of the People’s Republic of China (Mainland China)

Karl Zhang On November 24, 2020, the Ministry of Civil Affairs issued the Circular on the Full Implementation of the Marriage Registration Provisions in the Civil Code of the People’s Republic of China (hereinafter, the “Circular”), which came into effect […]
2021 年 2 月 1 日

Since administrative and civil actions are two different trial systems, an administrative court can determine on its own the facts of a case and is not bound by civil courts (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 109-Pan-442-Zi Decision of August 20, 2020 (hereinafter, the “Decision”) holding that since administrative and civil actions are two different trial systems, an administrative court can determine on its own the facts of […]
2021 年 2 月 1 日

If a witness was indeed present and can testify to a fact, even if s/he is an interested party to a party, the adoption of his or her testimony shall still be determined at the discretion of the trial court (Taiwan)

Nora Shih On August 12, 2020, the Supreme Court handed down the 2020-Tai-Shang-1012 Decision of August 12, 2020 (hereinafter, the “Decision”), holding that if a witness was indeed present and can testify to a fact, even if s/he is an […]