Frank Sun The Supreme Court rendered the 190-Tai-Shang-2201 Decision of May 21, 2020 (hereinafter, the “Decision”), holding that if a driver of a motor vehicle who causes the injury or death of another person intentionally fees the scene of an […]

Angela Wu The Supreme Court rendered the 109-Tai-Shang-220 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that if the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is […]

Di Wu Four guiding cases were released at the 42nd meeting of the 13th Procuratorial Committee of the Supreme People’s Procuratorate on July 6, 2020 as the 20th batch of guiding cases.  The matters included bribery at a certain county […]

Di Wu In order to effectively protect the property rights of all economic entities and citizens, while improving their the innovative and entrepreneurial spirit, on July 27, 2020, the Supreme People’s Court for the first time put out a concentrated […]

Jolene Chen On July 28, 2020, the Supreme People’s Procuratorate issued its 21st batch of guiding cases, including four in which the local people’s procuratorate enhanced judicial supervision over private commercial cases and effectively strengthened the rights and interests of […]

Emily Chueh The Supreme Court rendered the 108-Tai-Shang-3327 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that the standards applied by the court to change the legal provisions applied by the prosecutor shall be the basic social facts relied […]

Di Wu The Supreme People’s Procuratorate held a press conference on “Strengthening the Supervision on the Implementation of Penalty Changes to Promote Win-Win Situations” on June 3, 2020.  The 19th set of guiding cases was released to clarify the application […]

Jolene Chen In order to further strengthen guidance in trademark enforcement, unify enforcement standards, improve the level of enforcement and strengthen the protection of trademark rights, the State Intellectual Property Office formulated the Trademark Infringement Determination Standards on June 15, […]

Jolene Chen After the Guiding Opinions (I and II) of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus, the Supreme People’s Court issued the Guiding Opinions (III) (the “Guiding Opinions (III)”) on 8 […]

Jhen-Yi Chen The Supreme Administrative Court rendered the 109-Pan-196 Decision of April 9, 2020 (hereinafter, the “Decision”), holding that the acts conducted by an agency without jurisdiction would be defective disposition acts unless authorization is obtained out of a relationship […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-222 Decision of April 23, 2020 (hereinafter, the “Decision”), holding that if it is proven that after a fund is contributed to acquire property registered in the name of another person, the ownership […]

Oli Wong The Supreme Court rendered the 109-Tai-Shang-117-Zi Decision of March 19, 2020 (hereinafter, the “Decision”), holding that evidence cited to support the finding of criminal facts should be admissible and obtained through a lawful investigation procedure in order to […]

Jenny Chen The Supreme Administrative Court rendered the 109-Pan-158 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if the basic facts relied on for an agency’s decision or relevant documents merely collected or consulted for reference by an […]

Frank Sun The Supreme Court rendered the 108-Tai-Shang-2557 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that the reasons for a court judgment should include the opinions on the offensive or defensive methods and legal opinions; and if the […]

Oli Wong The Supreme Court rendered the 108-Tai-Shang-1516-Zi Decision of February 19, 2020 (hereinafter, the “Decision”), specifically holding that if one of the spouses has not applied for retirement when a final decision on divorce is rendered, the pension and […]

Emily Chueh The Supreme Court rendered the 109-Tai-Shang-259 Decision of February 13, 2020 (hereinafter, the “Decision”), holding that if the voluntary consent which is given to a search by the person subject to the search is withdrawn, the search shall […]

Di Wu On May 28, 2020, the National People’s Congress adopted and promulgated the Civil Code of the People’s Republic of China, which will go into effect on January 1, 2021.  In particular, the Inheritance Chapter contains amendments expanding the […]

Jolene Chen The Civil Code of the People’s Republic of China (the “Civil Code”) was adopted during the 13th Session of the National People’s Congress on May 28, 2020 and will go into effect on January 1, 2021.  A large […]

Frank Sun The Supreme Administrative Court rendered the 109-Pan-89 Decision of February 21, 2020 (hereinafter, the “Decision”), holding that if a cancellation suit is dismissed by a final substantive court decision which finds the disposition sought to be cancelled is […]

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-653 Decision of February 20, 2020 (hereinafter, the “Decision”), holding that when the right of confrontation with a witness is exercised with the use of witnesses as the evidentiary method, whether or not […]

Emily Chueh The Supreme Court rendered the 108-Tai-Shang-1006 Decision of January 22, 2020 (hereinafter, the “Decision”), holding that if the parties have agreed on the important points of the formal agreement, if the contents of the mutual agreement between the […]

Jhen-Yi Chen The Taiwan High Court rendered the 108-Shang-Su-3911 Decision of January 15, 2020 (hereinafter, the “Decision”), holding the precondition for applying Article 14 of the Witness Protection Law is the prior consent of the prosecutor, who will consider if […]

Jolene Chen In addition to cases that are similar to those the previous two batches concerning enforcement against enterprises over pandemic prevention and control materials, the 13 cases in this third batch also contain examples of enterprises not in the […]

Joyce Wen On April 16, 2020, the Supreme People’s Court issued the Guiding Opinions on Properly Conducting Civil Trials Involving the Novel Coronavirus Pandemic (I) (hereinafter, the “Opinions”), which aim to provide reference standards for the people’s courts in properly […]

Emily Chueh The Tainan Branch of the Taiwan High Court handed down the 108-Shang-Guo-Gent-Two-1 Decision of February 12, 2020 (hereinafter, the “Decision”), holding that if a landowner’s right to property is constrained in order to fulfill specific public interest objectives, […]

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-3336 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that if an actor has already started to engage in the previous act but changes his/her mind and acts afterwards due to changes […]

Frank Sun The Taiwan High Administrative Court rendered the 108-Su-1160 Decision of December 12, 2019 (hereinafter, the “Decision”), holding that in case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original […]

Oli Wong The Supreme Court rendered the 108-Tai-Shang-Zi-3668 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that the Code of Criminal Procedure does not limit the types of corroboration. Direct evidence, indirect evidence or indirect facts per se (i.e. […]