按標籤顯示項目： v12

Justice and Law in the Republic and Mencius

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-          Chi-Shing Chen

In this article, Chi-Shing Chen presents a sketch and a comparison of two perspectives of justice. Chi-Shing Chen discuss Plato’s idea of justice in the Republic, and Mencius’ thinking on the same topic in Mencius. Chi-Shing Chen conclude the paper by summarizing key differences and how the two thoughts may be complementary to each other.

FinTech Innovation and Anti-Money Laundering Compliance

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-          Yen-Te Wu

In this article, Yen-Te Wu analyzed the compliance of FinTech firms with anti-money laundering (AML) laws in the US. The rapid emergence and growth of the financial innovations industry--or FinTech as it is commonly referred to in the financial services sector--has caught many players in the global financial services industry unaware. This article analyzed the compliance of FinTech firms with anti-money laundering (AML) laws in the US. The results of the study suggest that two main laws govern issues related to the laundering of monetary instruments.

A Maker or an Infringer? 3D Printing Technology and Patent Infringing Liability: Taiwan Perspectives

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-          Hao-Yun Chen

In this article, Hao-Yun Chen focuses on patent infringement issues associated with 3D printing, and conducts an analysis on the potential conflict between protection of patent rights and non-commercial private use in the context of 3D printing technology. Part I explains the background of the issues. Part II explains the manufacturing process of 3D printing. Part III examines potential patent infringement liabilities in each step of the 3D printing process explained in the Part II, especially those related to digital manufacturing. Part IV discribes the rising of end-user infringement, and explores its impacts on patent law.

An Overlooked Case for Judicial Review: Striking a Dynamic Balance between Constitutionalism and Democracy

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-          Wen-Cheng Chen & Min-Ta Chuang

In this article, Wen-Cheng Chen & Min-Ta Chuang analyzed Commentators disagree on the legitimacy of judicial review in a constitutional democracy. Many scholars who argue for (or against) judicial review have based their claims on democracy or democratic theory, while other scholars have founded their positive (or negative) arguments on constitutionalism or constitutional theory.

Functions of Directors’ and Officers’ (D&O) Liability Insurance and Litigation Risk: An Empirical Legal Study of Taiwan

-          Chun-Yuan Chen

In this article, Chun-Yuan Chen empirically analyzes the functions of directors’ and officers’ (D&O) liability insurance in corporate governance in Taiwan. He also reexamines the fundamental issue on the litigation risk of directors and officers, and argues and concludes that D&O insurance should not be compulsory and legally capped in Taiwan.

The Role of Governance in Bilateral and National Climate Change Financial Mechanisms

-          Wen-Chen Shih

In this article, for the design of national Climate Change Financial Mechanisms’ (CCFMs) governance structure, Wen-Chen Shih points out what lessons can be learned from applying these guiding principles, and whether these guiding principles are playing an equally important role in the governance of national CCFMs. Finally yet importantly, Shih clams that many national CCFMs rely partially on bilateral CCFMs. Therefore, in analyzing the role of governance in national CCFMs by shih, governance in bilateral CCFMs will also be examined for its implications on national CCFMs.

Towards Religious Institutionalism? The Future of the Regulation of Religious Institutions in Taiwan

-          Rung-Guang Lin

In this article, Rung-Guang Lin analyzes a newly emerging approach to the autonomy of religious institutions in Taiwan’s constitutional jurisprudence. In the ROC Constitution, this view is in contrast to an underlying assumption in the Court’s previous jurisprudence on freedom of religion, namely, that the norms and activities of religious groups are presumptively subject to the authority of state law.

The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law

-          Xiao-Yang Li

In this article, Xiao-Yang Li indicates that in devising the pre-contractual liability, the legislators of China confront a long-running controversy in Chinese Law- the legal status of pre-contractual liability. The comparative study of this thesis builds a picture of the contrasting responses provided by German and English Law to the questions faced by Chinese legislators. This article at the end offers a proposal to the codification of the Chinese Civil Code.

A Psychological Study of Criminal Court Judge／Tung-Min Tsai 1-52

An Introduction to the Systematic Framework, Historical Change and Future Development of Medical Jurispridence／Cheng-Long Lee 53-72

Marriage and Divorce Law in Southeast Asian Countries／Tzong-Leh Hwang 73-128

The System to Control Exemption Clauses (2) ／Tsung-Jung Liu 129-186

The Legal Status of Transnational Commercial Arbitration in the Republic of China／Nigel Nien Tsu Li 187-232

Res Judicata／Akira Mikazuki, Lian-gong Chiou 233-244

A Book Review on Prof. H.H. Hung’s “Jurisprudence” ／H.Y. Too 245-255

A Study of US Commercial Policy on Taiwan(ROC) ／Tun-Ming Tsai 1-48

The Current Foreign Exchange Control System in the Republic of China／Peter Jen-Huong Wang 49-66

A Study of US Commercial Policy on Taiwan(ROC) ／Peter Jen-Huong Wang 67-76

Juridicial Comments on the Relationship between Constitution and Political Party – Its Performance and Development –／Hong-Hsi Lee 77-110

Comment Heritage of Mankind – Opportunities of Taiwan to share／Kuen-Chen Fu 111-150

A Study on the New Movement of Patent System／Tseng-Chen Ming-Ruu 151-162

The Definition and the Ontological Basis of Legal System／Mao-Zong Huang 163-204

The System to Control Exemption Clauses／Tsung-Jung Liu 205-254

A Critique of the Chinese Law of Contract of Affreightment／Tien-Chin Chang 255-296