2017 年 8 月 8 日

Guiding Opinion on the Accelerated Promotion of the “Internet + Government Services” Undertaking(Mainland China)

2016.09.25 James Cheng On September 25, the State Council issued the Guiding Opinion on the Accelerated Promotion of the “Internet + Government Services” Undertaking for setting up the overall deployment to accelerate the promotion of the “Internet + Government Services” […]
2017 年 8 月 8 日

The primary complaint of patients shall be specified on medical records or excerpts of medical records, which is a necessary component of correct medical procedure undertaken by medical practitioners(Taiwan)

2016.07.12 Tiffany Wu The Taiwan High Court rendered the 103-Yi-Shang-33 Civil Decision of July 22, 2016 (hereinafter, the “Decision”). The decision held the primary complaint of patients shall be specified on medical records or excerpts of medical records, which is […]
2017 年 8 月 8 日

The Enforcement Rules for the Law of the People’s Republic of China on Protection of Consumer Rights and Interests (Draft for Soliciting Opinions) (Mainland China)

2016.08.05 James Cheng On August 5, 2016, the State Administration for Industry and Commerce promulgated the draft for soliciting opinions for the Enforcement Rules for the Law on Protection of Consumer Rights and Interests (the “Rules”) to solicit opinions from […]
2017 年 8 月 8 日

Administrative Provisions on the Access of New Energy Vehicle Manufacturers and Products(Mainland China)

2017.01.06 James Cheng The Ministry of Industry and Information Technology issued and circulated the Administrative Provisions on the Access of New Energy Vehicle Manufacturers and Products (the “Provisions”) to address the pressing needs of protecting citizens and their property, as […]
2017 年 8 月 8 日

Interim Measures for the 7-Day Unconditional Return of Goods Purchased Online(Mainland China)

2017.01.06 James Cheng After the new Law of Protection of Consumer Rights and Interests (the “Law”) came into effect on March 15, 2014, Article 25 provides that except for special goods, consumers have the right to return goods sold by […]
2017 年 8 月 8 日

Vehicles operated by waste disposal businesses in the disposal of wastes shall be equipped with a real-time monitoring system that should be maintained for normal operation so that the competent authority may track the routes taken by the vehicles at any time in order to facilitate administration(Taiwan)

2016.11.30 Ankwei Chen The Taichung High Administrative Court rendered the 105-Su-289 Administrative Decision on November 30, 2016 (the “Decision”), in which it held that vehicles operated by waste disposal businesses in the disposal of wastes shall be equipped with a […]
2017 年 8 月 8 日

If a laser or intense pulse light therapy is adopted, the types of the skin lesions, the therapeutic effects as well as the existence of any special medical history of the patient’s skin quality should be assessed in advance, and the potential therapeutic effects and complications should also be communicated to the patient(Taiwan)

2016.12.20 Tiffany Wu The Taiwan High Court rendered the 103-Yi-Shang-29 Civil Decision of December 20, 2016 (hereinafter, the “Decision”), holding that if a laser or intense pulse light therapy is adopted, the types of the skin lesions, the therapeutic effects […]
2017 年 8 月 8 日

Unlawful disposal of wastes refers to the engaging in the disposal and treatment of wastes on behalf of others without the relevant permits Ð repeated conduct is not an element of the offense(Taiwan)

2016.09.22 Ankwei Chen The Supreme Court rendered the 105-Tai-Shang-2372 Criminal Decision on September 22, 2016 (the “Decision”), which held that unlawful disposal of wastes refer to disposing and treating wastes on behalf of another without the relevant permits, and whether […]
2017 年 7 月 31 日

To interpret a standard contract, the purposes of the contract should be considered first, and the principle of interpretation favorable to consumers under the Consumer Protection Law applies only when doubts over contractual terms remain unresolved(Taiwan)

2017.3.29 Sean Liu The Taiwan High Court rendered the 106-Chung-Shang-1028 Civil Decision of March 29, 2017 (hereinafter, the “Decision”), holding that to interpret a standard contract, the purposes of the contract should be considered first, and the principle of interpretation […]
2017 年 6 月 30 日

Security Review Measures for Networking Products and Services (Pilot)(Mainland China)

2017.5.2 Zoe Qiao On May 2, 2017, the State Internet Information Office promulgated the Security Review Measures for Networking Products and Services (Pilot) (the “Measures”), which serve as an accompanying measure to the National Security Law and the Network Security […]
2017 年 6 月 30 日

Circular of the Ministry of Transport on Solicitation of Public Opinions Concerning the Guiding Opinions on the Promotion and Regulation of Developments in Internet-based Bicycles Rentals(Mainland China)

2017.5.22 James Cheng The Ministry of Transport has been paying great attention to developments in bicycle sharing. To encourage and regulate developments in bicycle sharing, the Ministry of Transport has set up a joint task force in conjunction with other […]
2017 年 6 月 30 日

Implementation Regulations on the Licensing of Internet News Information Services(Mainland China)

2017.5.22 James Cheng On May 22, the State Internet Information Office promulgated the Implementation Regulations on the Licensing of Internet News Information Services (the “Implementation Regulations”), which came into effect on June 1, 2017. According to the official-in-charge at the […]
2017 年 6 月 30 日

A categorical ban against advertising materials without inquiring into their impact on the cityscape is a violation of the principle of proportionality(Taiwan)

2017.4.7 Ankwei Chen The Supreme Administrative Court rendered the 106-Pan-170 Decision on April 7, 2017 (the “Decision”) in which it held that a categorical ban on advertisement materials without inquiring into their impact on the cityscape violates the principle of […]
2017 年 6 月 30 日

There is no medical literature on how to determine the amount of autologous fat cells to be implanted, and such amount is generally clinically assessed based on the actual extent of concavity and the reaction on the skin surface after the implant(Taiwan)

2017.4.19 Tiffany Wu The Taiwan High Court rendered the 104-Yi-Shang-12 Civil Decision on April 19, 2017 (the “Decision”) in which it concluded that as there is no medical literature specifying how to assess the amount of autologous fat cells to […]
2017 年 5 月 31 日

Reform Proposal for the Royalties on Mining Resources(Mainland China)

2017.4.13 James Cheng The State Council has distributed a circular on the reform proposal for mining resource royalties (the “Proposal”) to set up a new system that fits the specific characteristics of China and can safeguard and realize the benefits […]
2017 年 5 月 31 日

Amendments to the Criteria for Determining If the Labeling, Promotion or Advertising Expressions of Food Products Involve Exaggerative or Misleading Elements or Medical Treatment Efficacy(Taiwan)

2017.3.16 Tiffany Wu The Ministry of Health and Welfare promulgated the provisions of Item 1 and Schedule 2 under Item 2 of the Criteria for Determining If the Labeling, Promotion or Advertising Expressions of Food Products Involve Exaggerative or Misleading […]
2017 年 4 月 30 日

Provisions of the Supreme People’s Court on Issues Concerning Property Investigations in Civil Enforcement Procedures(Mainland China)

2017.2.28 James Cheng The Provisions of the Supreme People’s Court on Issues Concerning Property Investigations the “Property Investigation Provisions”) in Civil Enforcement Procedures were adopted during the 1708th session of the Judicial Committee of the Supreme People’s Court on January […]
2017 年 4 月 30 日

The criteria for suspension and termination of operation due to material violation under the Water Pollution Control Law are not the only criteria for deciding the amount of a discretionary penalty, and determination of the amount of the penalty merely based on such criteria constitutes illegal abuse of discretionary power(Taiwan)

2017.1.5 Sean Liu The Taipei High Administrative Court rendered the 105-Su-917 Decision of January 5, 2017 (hereinafter, the “Decision”), holding that the criteria for suspension and termination of operation due to material violation under the Water Pollution Control Law are […]