2020 年 11 月 1 日

Decision of the Supreme People’s Court on Amending the Provisions on the Application of Law in Private Lending Trials (Mainland China)

Jolene Chen On August 20, 2020, the Supreme People’s Court issued the Decision of the Supreme People’s Court on Amending the Provisions on the Application of Law in Private Lending Trials (the “Decision”), which entered into effect on August 20, […]
2020 年 11 月 1 日

Measures on Work Relating to Complaints From Foreign-invested Enterprises (Mainland China)

Karl Zhang On August 18, 2020, the 29th Ministerial Meeting of the Ministry of Commerce deliberated and approved the Measures on Work Relating to Complaints From Foreign-invested Enterprises (the “Measures”), which came into effect on October 1, 2020.  The Measures […]
2020 年 11 月 1 日

For the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights of the people in order to constitute a tort in the discharge of public duties (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 109-Pan-320 Decision of June 4, 2020 (hereinafter, the “Decision”), holding that for the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights […]
2020 年 11 月 1 日

In the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor and the objective circumstances surrounding the act, together with all kinds of indirect or circumstantial evidence, as well as empirical and logical rules (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-3055 Decision of July 19, 2020 (hereinafter, the “Decision”), holding that in the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor […]
2020 年 11 月 1 日

If an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is eliminated, the actor at this junction subjectively has dolus indeterminatus to kill (Taiwan)

Frank Sun The Taiwan High Court rendered the 109-Jiao-Shang-Su-52 Decision of June 24, 2020 (hereinafter, the “Decision”), holding that if an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is […]
2020 年 11 月 1 日

The meaning of the provision that “the contractor shall be compensated for the damage incurred due to the termination of the contract” under Article 511 of the Civil Code (Taiwan)

Jenny Chen The Supreme Court rendered the 108-Tai-Shang-2543 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that with respect to the provision that “the contractor shall be compensated for the damage incurred due to the termination of the contract” […]
2020 年 10 月 1 日

The circumstances in which the facts and reasons set forth in a guilty decision will constitute a legal violation for contradictory reasons of decision (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2164 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that the facts and reasons set forth in a guilty decision and the explanation about the reasons of decision should be consistent from […]
2020 年 10 月 1 日

If a person intentionally flees the scene of an accident, the offense of hit-and-run death or injury is still established with or without rescue provided by another person (Taiwan)

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 […]
2020 年 10 月 1 日

If the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is still difficult to conclude that the mortgage has been established (Taiwan)

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 […]
2020 年 10 月 1 日

Circular of the Supreme People’s Procuratorate on the 20th Batch of Guiding Cases (Mainland China)

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 […]
2020 年 10 月 1 日

Model Administrative Litigation Cases Released by the Supreme People’s Court on the Protection of Property Rights (Mainland China)

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 […]
2020 年 10 月 1 日

Circular of the Supreme People’s Procuratorate on the 21st Batch of Supreme People’s Procuratorate Guidance Cases (Mainland China)

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 […]
2020 年 9 月 1 日

The standards for changing the legal provisions applied by the prosecutor shall be the basic facts relied on for the prosecution and the commonality of the nature of the crimes (Taiwan)

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 […]
2020 年 9 月 1 日

The 19th Set of Guiding Cases From the Supreme People’s Procuratorate (Mainland China)

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 […]
2020 年 9 月 1 日

Trademark Infringement Determination Standards (Mainland China)

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, […]
2020 年 9 月 1 日

Guiding Opinions III of the Supreme People’s Court on the Proper Trial of Civil Cases Involving the Novel Coronavirus (Mainland China)

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 […]
2020 年 9 月 1 日

Validity of acts conducted by an agency without jurisdiction (Taiwan)

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 […]
2020 年 9 月 1 日

Evidence that proves a contract of borrowing other’s name for real estate registration is established is not limited to direct evidence (Taiwan)

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 […]
2020 年 9 月 1 日

Evidence cited to support the finding of criminal facts should be admissible and obtained through a lawful investigation procedure in order to be admitted as legally appropriate evidence (Taiwan)

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 […]
2020 年 8 月 1 日

The Supreme Administrative Court issued criteria for determining if the basic facts relied on for an agency’s decision or relevant documents merely collected or consulted for reference by an internal unit for its drafting or preparatory operation should be publicly disclosed (Taiwan)

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 […]
2020 年 8 月 1 日

The reasons for a court judgment should include the opinions on the offensive or defensive methods and legal opinions; and if the opinions on the offensive or defensive methods are not included in the reasons for the judgment, the judgment would have insufficient grounds (Taiwan)

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 […]
2020 年 8 月 1 日

If the retirement application has not been filed when a final decision on divorce is rendered, the pension and the old-age benefit yet to be obtained shall not be included in the post-marital property (Taiwan)

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 […]
2020 年 8 月 1 日

If the voluntary consent to a search is withdrawn, the search should stop immediately (Taiwan)

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 […]
2020 年 8 月 1 日

The Inheritance Chapter of the Civil Code (Mainland China)

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 […]
2020 年 8 月 1 日

The Contracts Chapter of the Civil Code (Mainland China)

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 […]
2020 年 7 月 1 日

Court findings in an original trial are binding for all parties involved and a later trial on the matter should base its decisions on previous findings. (Taiwan)

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 […]
2020 年 7 月 1 日

Whether or not the right of confrontation with a witness is exercised is irrelevant to the evidentiary admissibility and weight of the statements given by the witness during police interrogation, investigation and trial (Taiwan)

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 […]
2020 年 7 月 1 日

If the important points of the formal agreement have been agreed and the contents can be surmised, it could constitute a valid preliminary agreement (Taiwan)

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 […]
2020 年 7 月 1 日

The precondition for applying Article 14 of the Witness Protection Law─ the necessity to change a criminal perpetrator to a state witness (Taiwan)

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 […]
2020 年 7 月 1 日

Cases on National Courts Protecting the Resumption of Work during the Epidemic Period (Third Batch) (Mainland China)

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 […]