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 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. […]
2020 年 8 月 1 日

It is not appropriate to conclude that medical treatment violated the duty of care solely because it was not as effective as expected (Taiwan)

Ankwei Chen The Supreme Court rendered the 108-Tai-Shang-2180 Decision on February 13, 2020, in which it held that even if a physician’s treatment based on his/her assessment is appropriate, since there is no guarantee that the patient’s condition will improve, […]
2020 年 8 月 1 日

Determination Criteria for Exceptional and Special Clauses (Taiwan)

Jhen-Yi Chen The Supreme Court rendered the 108-Tai-Shang-2663 Decision of March 18, 2020 (hereinafter, the “Decision”), holding that whether the clauses of an insurance contract are exceptional clauses or special clauses should be generally determined by considering the substance of […]
2020 年 7 月 1 日

When an insurance beneficiary asserts that the insured died of suicide by medication use, insurance payment cannot be claimed without substantive evidence.(Taiwan)

Debby Yu The Tainan Branch of the Taiwan High Court rendered the 108-Bao-Xian-Shang-yi-4 Decision of February 13, 2020 (hereinafter, the “Decision”), holding that when an insurance beneficiary asserts that the insured died as a result of suicidal behavior due to […]
2020 年 7 月 1 日

Reply of the State Council on the Approval to Setup Cross-Border E-Commerce Comprehensive Pilot Zones in 46 Cities Including Xiongan New District (Mainland China)

Joyce Wen On April 27, 2020, the State Council issued its Reply on the Approval to Setup Cross-Border E-Commerce Comprehensive Pilot Zones in 46 Cities Including Xiongan New District (the “Reply”).  Building off the 59 established cross-border e-commerce comprehensive pilot […]
2020 年 7 月 1 日

Law on the Prevention and Control of Solid Waste Environmental Pollution (Mainland China)

Karl Zhang On 29 April 2020, the 17th Session of the Standing Committee of the 13th National People’s Congress deliberated and adopted the Law on the Prevention and Control of Solid Waste Environmental Pollution, which will enter into effect on […]
2020 年 6 月 1 日

Decision of the State Council on Authorization and Delegation of Land Use Approvals (Mainland China)

Di Wu For implementing the spirit of the Fourth Plenary Session of the 19th CPC Central Committee and the Central Economic Work Conference, the State Council announced its decision to authorize and delegate land use approvals (the “Decision”) on March […]
2020 年 6 月 1 日

Announcement on the Comprehensive Promotion of Supervision Measures for the Return of E-commerce Exports (Mainland China)

Joyce Wen On March 27, 2020, the General Administration of Customs issued the Announcement on the Comprehensive Promotion of Supervision Measures for the Return of E-commerce Exports (the “Announcement”).  The Announcement aims to optimize the business environment, promote trade facilitation, […]
2020 年 5 月 1 日

Improper medical treatment shall not be deemed as medical malpractice unless a causal link may be established between such improper treatment and the result (Taiwan)

Ankwei Chen The Taiwan High Court rendered the 107-Zai-Zi-7 Decision on December 19, 2019 (the “Decision”), in which it held that a medical practitioner may only be held liable for medical malpractice if a causal connection is established between the […]
2020 年 5 月 1 日

If a borrowed name contract is permitted, this will affect an insurer’s insurable risk and interest assessment; and, therefore, if an insurance contract is used as an object of such borrowed name contract, such contract should be deemed invalid for violation of public policy (Taiwan)

Debby Yu The Taiwan High Court rendered the 108-Shang-Zi-228 Decision of December 11, 2019 (hereinafter, the “Decision”) to deny the insurable interest asserted by the parties over an insurance contract based on a borrowed name contract. According to the facts […]
2020 年 5 月 1 日

Circular on A Temporary Reduction and Exemption of Social Insurance Premiums for Businesses (Mainland China)

Joyce Wen The Ministry of Human Resources and Social Security, the Ministry of Finance, and the State Administration of Taxation issued the Circular on issued the Circular on A Temporary Reduction and Exemption of Social Insurance Premiums for Businesses (the […]
2020 年 5 月 1 日

Guiding Opinions on A Temporary Reduction of the Employee Basic Medical Insurance Premiums (Mainland China)

Joyce Wen The National Healthcare Security Administration, the Ministry of Finance, and the General Administration of Taxation issued the Guiding Opinions on A Temporary Reduction of the Employee Basic Medical Insurance Premiums (the “Guiding Opinions”) on 21 February 2020.  The […]
2020 年 4 月 1 日

The applicant of a personal insurance should have the right to independently decide if the right to terminate the insurance contract is to be exercised, and the enforcement court shall not terminate the contract on behalf of the applicant and has no right to order the insurance company to terminate the contract, either (Taiwan)

Debby Yu The Taiwan High Court rendered the 108-Bao-Xian-Shang-Yi-Zi 13 Decision of November 20, 2019 (hereinafter, the “Decision”), holding that the applicant of a personal insurance should have the right to independently decide if the right to terminate the insurance […]
2020 年 4 月 1 日

Although the data about product issues which are obtained by an agency from its audit are the same as those actively reported by the operator, still the agency’s audit is different from the operator’s reporting, and the operator is not released from its reporting obligation as a result of the competent authority’s audit (Taiwan)

Oli Wong The Supreme Administrative Court rendered the 108-Pan-530-Zi Decision of November 14, 2019 (hereinafter, the “Decision”), holding that although the data about product problems which are obtained by an agency from its audit are the same as those actively […]
2020 年 4 月 1 日

Circular of the Supreme People’s Court on the Publication of the Pilot Program for the Separation of Simple and Complex Civil Procedure Cases (Fa [2020] No. 10) (Mainland China)

Di Wu On January 15, 2020, the Supreme People’s Court formulated the Pilot Program for the Separation of Simple and Complex Civil Procedure Cases to promote the separation of simple and complex cases, the prioritization of cases, protection of the […]
2020 年 3 月 1 日

Parents may obtain death insurance for their children below seven years old without affecting the validity of the insurance contract (Taiwan)

Sean Tsou The Taichung Branch of the Taiwan High Court rendered the 108-Shang-Yi-396 Decision of October 29, 2019 (hereinafter, the “Decision”), which is summarized generally as follows.  With respect to common practical circumstances where the parents obtain death insurance for […]
2020 年 3 月 1 日

The Supreme Administrative Court affirmed that the soil pollution control sites announced under Article 12, Paragraph 2 of the Soil and Groundwater Pollution Remediation Law can be sufficiently determined if the concentration of pollutants meets the pollution control standards, and it is not necessary to interpret the statutory criteria based on “clear sources of pollution” (Taiwan)

Nora Shih The Supreme Administrative Court rendered the 108-Pan-444 Decision of September 20, 2019 (hereinafter, the “Decision”) to affirm that the soil pollution control sites announced under Article 12, Paragraph 2 of the Soil and Groundwater Pollution Remediation Law can […]
2020 年 3 月 1 日

Interim Provisions on Market Supervision, Administration and Law Enforcement (Mainland China)

Jolene Chen The State Administration for Market Regulation promulgated on December 31, 2019 the Interim Provisions on Market Supervision, Administration and Law Enforcement (“Interim Provisions”), which will go into effect on April 1, 2020. The Interim Provisions specifically cover law […]
2020 年 3 月 1 日

Interpretations of the Supreme People’s Court on Issues in the Application of the Foreign Investment Law of the People’s Republic of China (Mainland China)

Di Wu On December 26, 2019, the Supreme People’s Court issued the Interpretations of the Supreme People’s Court on Issues in the Application of the Foreign Investment Law of the People’s Republic of China (the “Interpretations”) to provide the following […]
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 […]