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2022 年 2 月 23 日
Insight February 2022
Tina Lee
Tina Lee
2022 年 2 月 23 日
2022 年 1 月 28 日
Alert January 2022
Angela Wu and Tina Lee
Angela Wu and Tina Lee
2022 年 1 月 20 日
2021 年 12 月 1 日
Pei-Ching Ji、Tina Lee
The Criminal Division of the Supreme Court has consulted and made a unified legal opinion approving a judge’s recusal from the retrial process of a case he/she had adjudicated before.
2021 年 12 月 1 日
Jolene Chen The Legal Aid Law was adopted during the 30th meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on August 20, 2021, and will come into effect on January 1, […]
2021 年 12 月 1 日
Karl Zhang
The Provisions apply to civil cases arising from an information processor's use of face recognition technology to process facial information, in violation of law, administrative regulations or an agreement between the parties.
2021 年 12 月 1 日
Jane Tsai and Julian Lai
Recent judgments by the Taipei District Court have disapproved lessees’ claim for rent adjustments on the grounds of the COVID-19 pandemic. However, it is noteworthy that the Court also held that the lessee of a fixed term lease is entitled to claim for rent adjustment according to Article 227-2 of the Civil Code regarding the change in circumstances. Since the change in circumstances due to the pandemic is different from rent adjustments claims on the grounds of a change in real estate value as stipulated under Article 442 of the Civil Code, it should not be bound by the proviso of Article 442, which would prohibit the lessee of a fixed term lease from claiming rent adjustment on the grounds of a change in real estate value. However, recent judgments by the Taipei District Court ultimately disapproved lessees’ claim for rent adjustments primarily because the Court held that such claim should not be made merely due to a drop in income; rather, the reasonableness of each party’s risks and profit distribution shall be taken into consideration.
2021 年 12 月 1 日
Angela Wu and Tina Lee
The Grand Criminal Chamber of the Supreme Court held that repeated sentencing of crimes, in whole or in part, from which previous sentences were pronounced constitutes res judicata violation.
2021 年 10 月 1 日
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
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 10 月 1 日
Aaron Chen and Jaime Cheng International Arbitration 2021
2021 年 9 月 1 日
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […]