2021 年 9 月 1 日

Opinions of the Supreme People’s Court on Promoting the Reform to Separate Complex and Simple Administrative Litigation Procedures (Mainland China)

Di Wu On May 14, 2021, in order to deepen the reform of the administrative litigation system, promote the bifurcation of complex and simple administrative cases, light and heavy cases and fast and slow cases, optimize the allocation of administrative […]
2021 年 8 月 1 日

The People’s Courts’ Judicial Protection Plan for Intellectual Property Rights (2021-2025) (Mainland China)

Di Wu In order to build and realize the new development paradigm, promote high quality development and provide robust judicial services and protections, the Supreme People’s Court promulgated on April 22, 2021 the People’s Courts’ Judicial Protection Plan for Intellectual […]
2021 年 8 月 1 日

Model Bankruptcy Cases Released by the Supreme People’s Court (Mainland China)

Di Wu On April 28, 2021, the Supreme People’s Court publicly released model bankruptcy cases as part of the resolute implementation of the Party Central Committee policy deployments, the role of judicial trials, practical and effective measures to promote fair […]
2021 年 7 月 1 日

Measures for the Administration of Livestream Marketing (Trial Implementation) (Mainland China)

Joyce Wen Seven departments, including the Cyberspace Administration of China, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the […]
2021 年 7 月 1 日

Measures for the Supervision and Administration of Anti-Money Laundering and Anti-Terrorist Financing of Financial Institutions (Mainland China)

Di Wu In order to cause financial institutions to effectively fulfill their anti-money laundering and anti-terrorist financing obligations and regulate the supervision and administration of anti-money laundering and anti-terrorist financing, the People’s Bank of China formulated the Measures for the […]
2021 年 7 月 1 日

Measures of the People’s Republic of China for the Safety Administration of Imported and Exported Food (Mainland China)

Karl Zhang On April 12, 2021, the General Administration of Customs executive meeting deliberated and announced the Measures of the People’s Republic of China for the Safety Administration of Imported and Exported Food (the “Measures”), which will go into effect […]
2021 年 6 月 1 日

Regulations of the Supreme People’s Court on Issues in the Handling of Administrative Applications for Retrials (Mainland China)

Di Wu In order to effectively protect the right of a party to apply for retrial and thoroughly and effectively resolve administrative disputes, as well as leverage the administrative trial practice of the people’s courts, the Supreme People’s Court formulated […]
2021 年 6 月 1 日

Measures for the Supervision and Administration of Online Transactions (Mainland China)

Joyce Wen The State Administration for Market Regulation promulgated the Measures for the Supervision and Administration of Online Transactions (the “Measures”) on March 15, 2021 to refine certain provisions of the Electronic Commerce Law of the People’s Republic of China […]
2021 年 6 月 1 日

Regulations on the Supervision and Administration of Medical Devices (Mainland China)

Karl Zhang On February 9, 2021, the State Council promulgated the amended Regulations on the Supervision and Administration of Medical Devices (the “Regulations”), which will go into effect on June 1, 2021.  The Regulations are highlighted as follows: 1. Categorized […]
2021 年 5 月 17 日

Provisions of the Supreme People’s Court on Online Docketing Services for Parties to Cross-border Litigation (Mainland China)

Wu Di To enable Chinese and foreign parties to enjoy the same convenient and efficient docketing services, the Supreme People’s Court formulated the Provisions on Online Docketing Services for Parties to Cross-border Litigation (the “Provisions”) on February 3, 2021 in […]
2021 年 5 月 17 日

Regulations on the Administration of Pollution Discharge Permits (Mainland China)

Karl Zhang On January 24, 2021, the State Council promulgated the Regulations on the Administration of Pollution Discharge Permits (“the Regulations”), which came into force on March 1, 2021 with the following highlights. 1. General provisions An enterprise, business organization […]
2021 年 3 月 1 日

It is legal for an agency to test water quality from samples taken from a discharge point or before the wastewater enters the receiving water body (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-522 Decision on October 29, 2020 (the “Decision”), in which it held that a chemicals company that discharges wastewater to a surface receiving water body is required to meet the effluent discharge […]
2021 年 2 月 1 日

Opinions of the Supreme People’s Court on Strengthening Copyright Protection and Copyright-Related Rights (Mainland China)

Di Wu In order to effectively strengthen copyright protection in literature, arts and science, and to give full effect to the role of copyright cases in the regulation, guidance, promotion and protection of cultural development, the Supreme People’s Court issued […]
2021 年 2 月 1 日

Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in Food Safety Civil Disputes (I) (Mainland China)

Joyce Wen On December 8, 2020, the Supreme People’s Court issued its Interpretation on Issues Concerning the Application of Law in Food Safety Civil Disputes (I) (the “Interpretation”).  The Interpretation contains 14 articles and addresses the determination of the entities […]
2021 年 2 月 1 日

While the insurer is not liable to pay for the pre-existing conditions of the insured, it remains liable for illnesses that occurred during the insurance coverage period (Taiwan)

Ankwei Chen On September 29, 2020, the Supreme Court rendered the 108-Tai-Shang-2362 Decision of September 29, 2020 (the “Decision”), in which it held that an insured can still enter into a health insurance contract while sick or  pregnant, and while […]
2021 年 2 月 1 日

A prohibited drug must be a drug stipulated under the Pharmaceutical Affairs Law (Taiwan)

Elva Chuang The Taichung Branch of the Taiwan High Court rendered the 109-Shang-Su-1298 Decision (hereinafter, the “Decision”), holding that pursuant to Article 22, Paragraph 2 of the Pharmaceutical Affairs Law, a prohibited drug must be a drug stipulated under the […]
2021 年 1 月 1 日

A recent Supreme Court decision recognizes the policy value reserve of a life insurance is a right enjoyed by the policyholder against the insurer (Taiwan)

Elva Chuang There is no unanimous opinion among practitioners and scholars as to whether the policy value reserve under the in-force life insurance contract of the policyholder can be the subject of compulsory enforcement when the creditor seeks compulsory enforcement […]
2021 年 1 月 1 日

Decision of the Standing Committee of the National People’s Congress on Amending the Election Law of the People’s Republic of China for the National People’s Congress and the Local People’s Congresses at All Levels (Mainland China)

Jolene Chen On October 17, 2020, the Standing Committee of the National People’s Congress promulgated the Decision of the Standing Committee of the National People’s Congress on Amending the Election Law of the People’s Republic of China for the National […]
2021 年 1 月 1 日

Guiding Opinions of the State Administration for Market Regulation on Strengthening the Regulation of Marketing Activities in Online Streams (Mainland China)

Joyce Wen On November 5, 2020, the State Administration for Market Supervision issued the Guiding Opinions on Strengthening the Regulation of Marketing Activities in Online Streams (the “Opinions”).  The Opinions aim to strengthen the regulation over marketing activities in online […]
2021 年 1 月 1 日

Export Control Law of the People’s Republic of China (Mainland China)

Karl Zhang On October 17, 2020, the Standing Committee of the 13th National People’s Congress adopted the Export Control Law of the People’s Republic of China (the “Export Control Law”), which came into effect on December 1, 2020. The main […]
2020 年 12 月 1 日

The requirement that tobacco products shall not be promoted or advertised by way of a public interest event under Article 9, Subparagraph 8 of the Tobacco Hazards Prevention Law does not violate the gist of the protection of freedom of speech and equal rights under the Constitution (Taiwan)

Sally Yang The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 794 of August 28, 2020 (hereinafter, the “Interpretation”), holding that the provision of Article 9, Subparagraph 8 of the Tobacco Hazards Prevention Law (hereinafter, the “Law”) does […]
2020 年 12 月 1 日

Since the insurer has no right to claim premium payment from an interested party, it certainly has no obligation to deliver a notice to an interested party to demand premium payment (Taiwan)

Nora Shih The Supreme Court rendered the 109-Tai-Shang-450 Decision of May 6, 2020 (hereinafter, the “Decision”), holding that since an insurer has no right to claim premium payment from an interested party, it certainly has no obligation to deliver a […]
2020 年 12 月 1 日

For an environmental impact assessment exercise, it is not necessary to provide an opportunity for response that a party facing administrative sanctions would be entitled to (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-363 Decision on July 9, 2020 (the “Decision”), in which it was held that since an environmental impact assessment does not restrict or deprive people’s rights, it is not necessary to provide […]
2020 年 11 月 1 日

Guiding Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on the Lawful Application of the Self-defense System (Mainland China)

Di Wu For the proper application of the self-defense system to protect the people’s right to self-defense, encourage selfless assistance, promote social good and integrate core socialist values into criminal justice, the Supreme People’s Court, the Supreme People’s Procuratorate, and […]
2020 年 11 月 1 日

The promotional text on tobacco products can achieve a diffusion effect since a purchaser may leave the premises with it and thus becomes a tobacco advertisement (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 109-Pan-346-Zi Decision of June 24, 2020 (hereinafter, the “Decision”), holding that although the promotional text on a tobacco product is not an essential text for the package, still it can be regarded […]
2020 年 10 月 1 日

If industrial wastes are not reused pursuant to relevant laws and regulations, they shall be subject to the Waste Disposal Law, which is inherently applicable (Taiwan)

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-1872 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that although reclaimed asphalt payment may be reused as general industrial wastes, still if a company dumps reclaimed asphalt pavement on an unpermitted […]
2020 年 10 月 1 日

The drug injuries caused by adverse reactions to a drug as defined under the Drug Injury Relief Act refer to injuries that are directly caused by the use of the drug (Taiwan)

Ankwei Chen The Supreme Administrative Court rendered the 109-Pan-Zi-167 Decision on March 27, 2020 (the “Decision”), in which it held that in the Drug Injury Relief Act, injuries from adverse reactions to a drug refer to those that are directly […]
2020 年 9 月 1 日

The waiting period clause in insurance practice does not violate the Insurance Law and in principle should be recognized as valid (Taiwan)

Debby Yu The Supreme Court rendered the 109-Tai-Shang-760 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that the waiting period clause in insurance practice aims to prevent the insurer from suffering the imbalance between the premium revenue and insurance […]
2020 年 9 月 1 日

Regulations on the Supervision and Administration of Cosmetics (Mainland China)

Karl Zhang On June 16, 2020, the State Council promulgated the Regulations on the Supervision and Administration of Cosmetics (the “Regulations”), which will go into effect on January 1, 2021, while the original Regulations on the Supervision of Cosmetics Hygiene […]
2020 年 8 月 1 日

Typical Environmental Resources Cases from the People’s Courts in 2019 (Mainland China)

Karl Zhang On May 8, 2020, the Supreme People’s Court released the Typical Environmental Resources Cases from the People’s Courts, which consist of 40 cases involving criminal, civil, administrative actions, as well as environmental public interest and ecological damages cases. […]