2020 年 3 月 1 日

Provisions on the Governance of the Online Content Environment (Mainland China)

Joyce Wen To create a good online environment and protect the rights and interests of citizens, legal persons and other organizations, the State Internet Information Office has enacted the Provisions on the Governance of the Online Content Environment (the “Provisions”) […]
2019 年 12 月 31 日

Interim Measures for Handling Market Regulation Complaints and Reports (Mainland China)

Jolene Chen On November 30, 2019, the State Administration for Market Regulation promulgated the Interim Measures for Handling Market Regulation Complaints and Reports (the “Interim Measures”), which went into effect on January 1, 2020. The Interim Measures first clarify how […]
2019 年 12 月 31 日

Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Foreign-funded Insurance Companies (Mainland China)

Di Wu The China Banking and Insurance Regulatory Commission formulated the Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on Foreign-funded Insurance Companies (the “Detailed Rules”) in accordance with the Insurance Law of the […]
2019 年 12 月 31 日

Interim Measures for Participation in Social Insurance by Hong Kong, Macao and Taiwan Residents in the Mainland (Mainland China)

Di Wu To protect the rights and interests of Chinese citizens among residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region that work, live and study in the Chinese mainland (the “HMT Residents”) in participating […]
2019 年 12 月 31 日

Interim Provisions on the Administration of Consumer Product Recalls (Mainland China)

Karl Zhang On November 8, 2019, the State Administration of Market Regulation adopted the Interim Provisions on the Administration of Consumer Product Recalls (the “Provisions”), which will go into effect on January 1, 2020.  The Provisions regulate the recall of […]
2019 年 12 月 31 日

If applicants are not negligent in the exercise of their rights when failing to exercise the termination right, it is not appropriate for the court to carry out the termination on their behalf (Taiwan)

Debby Yu The Kaohsiung Branch of the Taiwan High Court rendered the 108-Shang-Yi-Zi-203 Decision of September 25, 2019 (hereinafter, the “Decision”), holding that a life insurance contract often involves the rights and interests of the insured and the beneficiaries.  If […]
2019 年 12 月 31 日

For penalties pursuant to an order to timely rectify under Article 51, Paragraph 2 of the Waste Disposal Law, they may not be imposed until the administrative decision has been served on the party (Taiwan)

Anwkei Chen The Supreme Administrative Court rendered the 108-Pan-Zi280 Decision on June 6, 2019 (the “Decision”)in which it held that penalties pursuant to an order to timely rectify under Article 51, Paragraph 2 of the Waste Disposal Law may not […]
2019 年 11 月 30 日

An insurance company is not bound by a contract that was signed under the name of another; the party therefore cannot terminate by alleging his/her status as the actual applicant (Taiwan)

Ankwei Chen The Taiwan High Court rendered the 108-Bao-Xian-Shang-3 Decision on August 21, 2019 (the “Decision”), in which it held that even if a party purchased insurance under the name of the insured, under the corresponding obligation principle, the contract […]
2019 年 11 月 30 日

Since advertisements per se do not essentially cause environmental pollution, in case the person who sets up an illegal advertisement cannot be substantiated, if the competent authority for the advertisement elects to notify a telecommunications enterprise to stop the telecommunications service for the telephone number indicated in the advertisement, this practice is hardly appropriate under the law (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 108-Pan-Zi-403 Decision of August 16, 2019 (hereinafter, the “Decision”), holding that since advertisements per se do not essentially cause environmental pollution, in case the person who sets up an illegal advertisement cannot […]
2019 年 11 月 30 日

Circular on Further Protection of Minors from Electronic Cigarettes (Mainland China)

Joyce Wen The National Tobacco Monopoly Administration and the State Administration for Market Regulation issued the Circular on Further Protection of Minors from Electronic Cigarettes (the “Circular”) on October 30, 2019.  The Circular seeks to reaffirm the main contents of […]
2019 年 11 月 30 日

After the applicant is changed, the entitlement to the policy value reserve is obtained by the applicant as changed as part of the original applicant’s assignment or disposal of his/her property. If the creditor’s claim over the original applicant is undermined as a result, the creditor may file suit to cancel the change (Taiwan)

Sean Liu The Kaohsiung Branch of the Taiwan High Court rendered the 108-Shang-146 Decision of August 21, 2019 (hereinafter, the “Decision”), holding that after the applicant is changed, the entitlement to the policy value reserve is obtained by the applicant […]
2019 年 11 月 30 日

Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on the Application of Law in Handling Illegal Use of Information Networks or Aiding Criminal Activities Relating to Information Networks (Mainland China)

Di Wu To penalize refusal to perform the obligation to securely manage information networks, the illegal use of information networks or aiding criminal activities relating to information networks and to maintain normal network order, the Supreme People’s Court and the […]
2019 年 10 月 31 日

The Standards for Correction, Rectification or Reporting within the Required Period are amended to specifically provide that the deadline for correcting air pollution violations should be determined on a case-by-case basis (Taiwan)

Fang-Wei Lin The Environmental Protection Administration (hereinafter, the “EPA”) amended the Standards for Correction, Rectification or Reporting within the Required Period Notified for Penalties Imposed Per Violation of the Air Pollution Control Law (hereinafter, the “Standards”) on August 19, 2019 […]
2019 年 10 月 31 日

Measures for the Supervision and Administration of the Preparation of Environmental Impact Reports (Forms) on Construction Projects (Mainland China)

Karl Zhang On September 20, 2019, the Ministry of Ecology and Environment issued the Measures for the Supervision and Administration of the Preparation of Environmental Impact Report (Reforms) on Construction Projects (the “Measures”), which will go into effect on November […]
2019 年 10 月 31 日

Provisions of the Supreme People’s Court on Safeguarding the Rights and Interests of the Parties in the Death Penalty Reviews and Executions (Mainland China)

Di Wu On August 8, 2019, the Supreme People’s Court promulgated the Provisions of the Supreme People’s Court on Safeguarding the Rights and Interests of the Parties in the Death Penalty Reviews and Executions, which came into effect on September […]
2019 年 10 月 31 日

Arrangement of the Supreme People’s Court Concerning Mutual Assistance in Interim Measures by the Courts of the Mainland and of the Hong Kong Special Administrative Region in Aid of Arbitral Proceedings (Mainland China)

Joyce Wen On September 26, 2019, the Supreme People’s Court promulgated the Arrangement of the Supreme People’s Court Concerning Mutual Assistance in Interim Measures by the Courts of the Mainland and of the Hong Kong Special Administrative Region in Aid […]
2019 年 10 月 31 日

The “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act only requires the outer shape and appearance of the product to be consistent with the core concept of a tobacco product (Taiwan)

Ankwei Chen The Kaohsiung High Administrative Court rendered the 108-Jian-Shang-Zi-18 Decision on May 7, 2019 (the “Decision”) in which it held that the “form of tobacco products” language in Article 14 of the Tobacco Hazards Prevention Act (“THPA”) only requires […]
2019 年 10 月 31 日

An act of medical negligence is constituted only when there is a specific causal relationship between a medical treatment that violates medical custom and the results (Taiwan)

Sean Tsou Although the Supreme Court held specifically in its 107-Tai-Shang-4587 Decision of April 2, 2019 (hereinafter, the “Decision”) that the medical treatment had violated medical custom, still an act of medical negligence can be determined only when there is […]
2019 年 9 月 30 日

Pharmaceutical Administration Law (Mainland China)

Karl Zhang On August 26, 2019, the Standing Committee of the National People’s Congress adopted the new Pharmaceutical Administration Law of the People’s Republic of China (the “Law”), which will go into effect on December 1, 2019.  In comparison with […]
2019 年 9 月 30 日

The Resource Tax Law of the People’s Republic of China (Mainland China)

Di Wu On August 26, 2019, the Standing Committee of the 13th National People’s Congress promulgated the Resource Tax Law, which mainly stipulates a specific scope of taxpayers and taxable resources and clarifies issues such as the Table of Taxable […]
2019 年 9 月 30 日

Land Administration Law of the People’s Republic of China (Amended in 2019) (Mainland China)

Karl Zhang On August 26, 2019, the Standing Committee of the National People’s Congress amended the Land Administration Law of the People’s Republic of China and the Urban Real Estate Administration Law of the People’s Republic of China through the […]
2019 年 9 月 30 日

In a medical emergency, a physician’s decision to not follow common medical practice should be examined for whether there was negligence in light of reasonable professional clinical discretion (Taiwan)

Ankwei Chen The Supreme Court rendered the 107-Tai-Shang-4587 Criminal Decision onApril 2, 2019 (the “Decision”), in which it held that in a very urgent medical emergency, a physician’s decision to not follow common medical practices should be examined for negligence […]
2019 年 9 月 30 日

Whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the insured’s obligation to provide a truthful explanation cannot be deemed released simply because the insured has authorized the insurer to check his/her medical data (Taiwan)

Alex Liao The Taiwan High Court rendered the 108-Bao-Xian-Shang-Yi-1 Civil Decision of July 17, 2019 (hereinafter, the “Decision”), holding that whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the […]
2019 年 9 月 30 日

When an insurance company is taken over by personnel assigned by the competent authority due to its inability to have a sound operation, the law allows the authority to take preservation measures against its representative such as prohibition against property transfer or delivery, and this is not preconditioned by the representative’s breach of any administrative law duty (Taiwan)

Fang-Wei Lin The Supreme Administrative Court rendered the 108-Pan-328 Decision of July 5, 2019 (hereinafter, the “Decision”), holding that when an insurance company is taken over by personnel assigned by the competent authority due to its inability to have a […]
2019 年 9 月 30 日

The FSC amended the Guidelines for Restriction on Concurrent Positions Held by Representatives of Electronic Stored Value Card Issuers and Matters for Their Compliance (Taiwan)

Sean Tsou The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the amendments to Articles 6 through 8 of the Guidelines for Restriction on Concurrent Positions Held by Representatives of Electronic Stored Value Card Issuers and Matters for Their Compliance (hereinafter, […]
2019 年 8 月 31 日

Measures for the Administration of the Representative Offices of Overseas Stock and Futures Exchanges in China (Mainland China)

Di Wu The China Securities Regulatory Commission (the “CSRC”) promulgated the Measures for the Administration of the Representative Offices of Overseas Stock and Futures Exchange in China (the “Measures”) on July 25, 2019 to regulate the recordation, amendment, revocation and […]
2019 年 8 月 31 日

Measures for the Administration of Information Disclosure by Publicly Placed Securities Investment Funds (Mainland China)

Karl Zhang To optimize the information disclosure system of publicly placed funds and concretely protect the rights and interests of investors, the China Securities Regulatory Commission (the “CSRC”) promulgated the Measures for the Administration of Information Disclosure by Publicly Placed […]
2019 年 7 月 31 日

Administrative Measures for the Delivery Services of Smart Package Lockers (Mainland China)

2019.6.12 Karl Zhang On June 12, 2019, the Ministry of Transport adopted the Administrative Measures for the Delivery Services of Smart Package Lockers (the “Measures”), which will go into effect on October 1, 2019.  Consisting of 35 articles, the Measures […]
2019 年 7 月 31 日

Provisions of the Supreme People’s Court on Trials Involving Compensation for Damage to the Ecological Environment (Trial Implementation) (Mainland China)

2019.6.5 Di Wu Recently, the Supreme People’s Court promulgated the Provisions on Trials Involving Compensation for Damage to the Ecological Environment (Trial Implementation) (the “Provisions”).  The Provisions primarily refine the categorization of the entities and jurisdiction of cases involving compensation […]
2019 年 7 月 31 日

Opinions on Issues in the Handling of Criminal Cases Involving “Trap Loans” (Mainland China)

2019.2.28 Joyce Wen On February 28, 2019, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the Opinions on Issues in the Handling of Criminal Cases Involving “Trap Loans” (the […]