Litigation Related 彙整 - Page 2 of 3

2017 年 8 月 8 日

Guiding Opinions of the Supreme People’s Court on Preventing and Sanctioning of Sham Litigation(Mainland China)

James Cheng On June 20, 2016, the Supreme People’s Court issued the Guiding Opinions on the Preventing and Sanctioning Sham Litigation (hereinafter, the “Opinions”). Consisting of a total of 18 articles, the Opinions provide specific rules on the prevention of […]

2017 年 8 月 8 日

If a witness is a counterparty to the vote buying act of an actor, his/her unfavorable testimony concerning the actor’s vote buying is not a confession of a co-offender under Article 156, Paragraph 2 of the Code of Criminal Procedure(Taiwan)

Emily Chueh The Supreme Court rendered the 105-Tai-Shang-908 Criminal Decision of April 14, 2016 (hereinafter, the “Decision”), holding that if a witness is a counterparty to the vote buying act of an actor, his/her unfavorable testimony concerning the actor’s vote […]

2017 年 8 月 8 日

If only part of the joint litigants of one party is present, the court shall not render a default judgment upon motion on the ground that not all of the litigants of the other party are present except under circumstances where each joint litigant should be present to confirm the subject matter of the litigation(Taiwan)

Frank Sun The Supreme Court rendered the 105-Tai-Shang-730 Civil Decision of May 4, 2016 (hereinafter, the “Decision”), holding that if only part of the joint litigants of one party is present, the court shall not render a default judgment upon […]

2017 年 8 月 8 日

As long as an actor follows standard principles for clinical practice and correctly maintains specific approaches and a certain degree of caution, due care has been exercised and the actor cannot be deemed to be negligent(Taiwan)

Angela Wu The Taiwan High Court rendered the 104-Yi-Shang-32 Civil Decision of March 29, 2016 (hereinafter, the “Decision”), holding that as long as an actor follows standard principles for clinical practice and correctly maintains specific approaches and a certain degree […]

2017 年 8 月 8 日

Although the extent of damage caused by an act of tort and the amount of damage are confirmed quite sometime after the occurrence of the act of tort, still the statute of limitation shall commence when the victim first becomes aware of the damage(Taiwan)

Frank Sun The Kaohsiung Branch of the Taiwan High Court rendered the 104-Bao-Xian-Shanng-5 Civil Decision of April 20, 2016 (hereinafter, the “Decision”), holding that although the extent of damage caused by an act of tort and the amount of damage […]

2017 年 8 月 8 日

When a criminal defendant has reached a civil settlement with the victim whereby the victim has agreed to waive the remaining damages claims, the court will no longer confiscate proceeds from crime(Taiwan)

2016.08.23 Frank Sun The Taiwan High Court rendered the 105-Shang-Su-492 Criminal Decision of August 23, 2016 (hereinafter, the “Decision”), holding that when a criminal defendant has reached a civil settlement with the victim whereby the victim has agreed to waive […]

2017 年 8 月 8 日

The requirement that a crime suspect cannot apply to review case files in the detention procedure is declared unconstitutional by Judicial Interpretation No. 737 of the Judicial Yuan(Taiwan)

Emily Chueh The Grand Justices of the Judicial Yuan rendered Judicial Interpretation No. 737 (hereinafter, the “Interpretation”) during the 1442nd Meeting of April 29, 2016 to declare that Article 33, Paragraph 1 and Article 101, Paragraph 3 of the current […]

2017 年 8 月 8 日

The court should first investigate and examine if a party’s admission has been lawfully cancelled, or it should be cited as the basis of decision(Taiwan)

2016.08.18 Emily Chueh The Supreme Court rendered the 105-Tai-Shang-1386 Civil Decision of August 18, 2016 (hereinafter, the “Decision”), holding that the court should first investigate and examine if a party’s admission has been lawfully cancelled, or it should be cited […]

2017 年 8 月 8 日

Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Civil Public Interest Actions Concerning Consumer Rights(Mainland China)

James Cheng On April 24, 2016, the Supreme People’s Court promulgated the Interpretation of on Issues Concerning the Application of Law in the Trial of Civil Public Interest Actions Concerning Consumer Rights (hereinafter, the “Interpretation”) to thoroughly promote the public […]

2017 年 8 月 8 日

Preventive injunction litigation prohibiting specific act against an administrative disposition may be brought only during exceptional circumstances where the rights of a citizen would not be timely protected if the litigation is not allowed(Taiwan)

2016.09.23 Angela Wu The Supreme Administrative Court rendered the 105-Cai-1168 Ruling of September 23, 2016 (hereinafter, the “Ruling”), holding that preventive injunction litigation prohibiting specific act may be brought against an administrative disposition only during exceptional circumstances where the rights […]

2017 年 8 月 8 日

The requirement that a claim to return unjust enrichment shall not be asserted under Article 180, Subparagraph 3 of the Civil Code is only limited to circumstances where debt payment is deliberately made with clear awareness(Taiwan)

Jenny Chen The Supreme Court rendered the 105-Tai-Shang-229 Civil Decision of February 4, 2016 (hereinafter, the “Decision”), holding that the requirement that a claim to return the unjust enrichment shall not be asserted under Article 180, Subparagraph 3 of the […]

2017 年 8 月 8 日

Before a government agency decides on its intent, drafts prepared by its internal units or other preparatory operations may be withheld from public disclosure(Taiwan)

2016.10.05 Jenny Chen Article 18, Paragraph 1, Subparagraph 3 of the Freedom of Government Information Law provides: “Government information in any of the following circumstances shall be restricted from public disclosure or be withheld: (3) The draft for internal use […]

2017 年 8 月 8 日

The provision concerning the hearsay rule exception under Article 159-2 of the Code of Criminal Procedure does not apply if the prosecutor is negligent in summoning witnesses to appear in court for investigation (Taiwan)

Jenny Chen The Supreme Court rendered the 105-Tai-Shang-379 Criminal Decision of February 3, 2016 (hereinafter, the “Decision”), holding that the provision concerning hearsay rule exception under Article 159-2 of the Code of Criminal Procedure does not apply if the prosecutor […]

2017 年 8 月 8 日

For a news report relating to a crime under investigation and public interest, if the name of the party concerned is redacted with no evidence showing any deliberate disclosure of the full name of the party concerned, it shall not be deemed to violate the principle that investigation shall not be disclosed to the public(Taiwan)

2017.01.11 Jenny Chen The Supreme Court rendered the 106-Tai-Shang-173 Civil Decision of January 11, 2017 (hereinafter, the “Decision”), holding that for a news report relating to a crime under investigation and public interest, if the name of the party concerned […]

2017 年 8 月 8 日

For any child suffering from any physical defect and mental handicap as a result of a traffic accident, the parents may claim consolation payment(Taiwan)

2016.11.25 Jenny Chen The Supreme Court rendered the 105-Tai-Shang-2109 Civil Decision of November 25, 2016 (hereinafter, the “Decision”), holding that the parents may claim consolation payment for any child suffering from any physical defect and mental handicap as a result […]

2017 年 8 月 8 日

A partnership shall be deemed a partnership, be it continuous or temporary, even if it is an occasional partnership for the purpose of a single act(Taiwan)

2016.11.30 Angela Wu The Supreme Court rendered the 105-Tai-Shang-2144 Civil Decision of November 30, 2016 (hereinafter, the “Decision”), holding that capital contribution to a partnership may come in the form of money, other property rights, or other benefits such as […]

2017 年 8 月 8 日

Although government information contains segments that are exempt from public disclosure, if such segments can be sufficiently isolated to prevent disclosure and achieve confidentiality, the other portions should be disclosed or provided(Taiwan)

2016.11.03 Emily Chueh The Supreme Administrative Court rendered the 105-Pan-572 Administrative Decision of November 3, 2016 (hereinafter, the “Decision”), holding that although government information contains segments that are exempt from public disclosure, if such segments can be sufficiently isolated to […]

2017 年 8 月 8 日

If a citizen needs to apply to review files in a non-administrative procedure, whether the government information applied for is archived or managed pursuant to the Archives Law and the Freedom of Government Information Law as well as the individual cases involved should be considered to determine if such files will be provided

2016.12.12 Angela Wu The Ministry of Justice issued the Fa-Lu-10500713700 Circular of December 12, 2016 (hereinafter, the “Circular”) to communicate that if a citizen needs to apply to review files in a non-administrative procedure, whether the government information applied for […]

2017 年 8 月 8 日

Provisions of the Supreme People’s Court and the Supreme PeopleÕs Procuratorate on Issues concerning the Legal Supervision of Civil Enforcement Activities

2016.12.19 James Cheng To compel people’s courts to enforce the law and to regulate the legal supervision of civil enforcement by the People’s Procuratorates, the Supreme People’s Court and the Supreme People’s Procuratorate, jointly promulgated the Provisions of the Supreme […]

2017 年 8 月 8 日

The division method of co-owned property shall take into account the willingness of all co-owners, the nature and economic efficacy of the co-owned property, and the interest of all co-owners in order to arrive at appropriate and fair division(Taiwan)

2016.11.20 Frank Sun The Supreme Court rendered the 105-Tai-Shang-1790 Civil Decision of October 20, 2016 (hereinafter, the “Decision”), holding that the division method of co-owned property shall take into account the willingness of all co-owners, the nature and economic efficacy […]

2017 年 8 月 8 日

In case of any major dispute as to whether a voice in a recorded conservation contained in an optical disc is the voice of the defendant which cannot be determined, a professional examination institution should be retained for examination, and no determination can be made merely based on the judgment and opinion of an witness(Taiwan)

2016.09.22 Emily Chueh The Supreme Court rendered the 105-Tai-Shang-2381 Criminal Decision of September 22, 2016 (hereinafter, the “Decision”), holding that in case of any major dispute as to whether a voice in a recorded conservation contained in an optical disc […]

2017 年 8 月 8 日

The Statute for DNA Examination after Criminal Cases Have Become Final was enacted where a defendant in a final case may motion for re-examination of DNAs(Taiwan)

2016.11.16 Angela Wu The President promulgated the Statute for DNA Examination after Criminal Cases Have Become Final (hereinafter, the “Statute”), which consists of 10 articles, via the President-Hua-Zhong-One-Yi-10500140081 Directive of November 16, 2016. The Statute came into effect on the […]

2017 年 8 月 8 日

Government information is regulated under the Freedom of Government Information Law when it is created or obtained within the authority of the government(Taiwan)

2016.10.13 Angela Wu The Supreme Administrative Court rendered the 105-Pan-532 Decision of October 13, 2016 (hereinafter, the “Decision”), holding that government information is regulated under the Freedom of Government Information Law only when it is created or obtained within the […]

2017 年 8 月 8 日

Provisions of the Supreme People’s Court on Several Issues Concerning Property Preservation Cases Handled by the People’s Courts(Mainland China)

2016.11.07 James Cheng To unify the law enforcement standard for property preservation in judicial practice and reduce the threshold for property preservation to better protect creditors’ claims and deter debtors from concealing or transferring property, the Supreme People’s Court promulgated […]

2017 年 8 月 8 日

Criminal sentencing should be bound by the internal abstract value of discretion such as the principle of proportionality, the principle of equality, the principle of penalty commensurable with liability, and the principle of no repetitive assessment, which underpin the philosophy of law and order(Taiwan)

2016.09.07 Angela Wu The Supreme Court rendered the 105-Tai-Shang-2211 Criminal Decision of September 7, 2016 (hereinafter, the “Decision”), holding that criminal sentencing should be bound by the internal abstract value of discretion such as the principle of proportionality, the principle […]

2017 年 8 月 8 日

Except as otherwise stipulated by law, the original names of foster children shall be reverted to their original registered names at the time of birth when the foster relationship is terminated(Taiwan)

2017.01.09 Emily Chueh The Ministry of Justice issued the Fa-Lu-10603500120 Circular of January 9, 2017 (hereinafter, the “Circular”) to communicate that except as otherwise stipulated by law, the original names of foster children shall be reverted to their original registered […]

2017 年 7 月 31 日

The provisions which exclude same-sex marriage under the Marriage Chapter of the Family Part of the Civil Code were declared unconstitutional pursuant to an interpretation of the Grand Justices of the Judicial Yuan(Taiwan)

2017.5.24 Emily Chueh Judicial Interpretation No. 748 (hereinafter, the “Interpretation”) was rendered during the 1457th Session of the Judicial Yuan on May 24, 2017, declaring that the provisions which exclude same-sex marriage under the Marriage Chapter of the Family Part […]

2017 年 7 月 31 日

If a complaint is filed to set aside an arbitration award on ground that “the arbitration procedure violates legal requirements,” the legal requirements so violated shall be limited to compulsory or prohibitive provisions and shall not include discretionary provisions(Taiwan)

2017.3.30 Angela Wu The Supreme Court rendered the 106-Tai-Shang-836 Civil Decision of March 30, 2017 (hereinafter, the “Decision”), holding that if a complaint is filed to set aside an arbitration award on ground that “the arbitration procedure violates legal requirements,” […]

2017 年 7 月 31 日

An opinion or inference of an witness based on facts directly experienced by the witness may be relied on as a basis of determination if it is objective and irreplaceable

2017.3.23 Jenny Chen The Supreme Court rendered the 106-Tai-Shang-123 Criminal Decision of March 22, 2017 (hereinafter, the “Decision”), holding that an opinion or inference of an witness based on facts directly experienced by the witness may be relied on as […]

2017 年 6 月 30 日

Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on the Applicable Law in Criminal Cases Involving Infringement of the Personal Information of Citizens(Mainland China)

2017.5.8 James Cheng On May 8, 2017, the Supreme People’s Court and the Supreme People’s Procuratorate jointly promulgated the Interpretation on the Applicable Law in Criminal Cases Involving Infringement of the Personal Information of citizens (the “Judicial Interpretation”), which came […]