The following 6 Professors (Dean. Juujaa Erdenebulgan, Prof. Altangerel Byambajargal, Prof. Batbold Amarsanaa, Prof. Jambaachultem Erkheskhulan, Ms. Baatar Enkhtaivan, Legal Advisor to National University of Mongolia, and Prof. Enkhee Tuulaikhuu from National University of Mongolia visited NTU College of Law on 10/23.

On October 12, our Vice Dean Prof. Kuan-Ling Shen, Prof. Hsin-Chun Wang, Assist. Prof. Yueh-Ping Yang, and Assist. Prof. Kai-Ping Su participated in Comparative Legal Issues: Third Symposium held by UC Berkeley in the United States. Prof. Wang gave a presentation on Insurance Law, Prof. Yang on Financial Law, and Prof. Su on Criminal Law. They received the comments from Prof. Frank Zimring, Prof. Eric Rakowski, Prof. Ken Bamberger, and Prof. Steve Sugarman. The discussion strengthened the international cooperation between NTU Law and Berkeley Law.

On September 26^th, 2018, NTU College of Law held the forum “Good Morning Top Attorneys,” the forum is the first event for “Outstanding Alumnus Series” of NTU’s 90 anniversary celebration. We invited four excellent alumnus as guest speakers to share their successful experiences and suggestions for the younger generation.

The speakers are: (1) Jennifer Lin, managing partner of Tsar & Tsai Law Firm, (2) Paul Hsu, Founder and President of the Epoch Foundation, (3) Chen,Zhi-Xiong, senior attorney in civil litigation field and (4) Wellington L. Koo, Chairman of Financial Supervisory Commission.

NTU College of Law’s 6^th annual summer program

An intensive 3 weeks law program focusing on courses in Law investment, FinTech, and Financial Law.

Students also get to explore law and practices in Taiwan by visiting governmental institutions and law firms.

On September 20th, 2018. NTU College of Law and the Faculty of Law, Waseda University, Japan, held a joint seminar in discussion towards the topic of Civil Procedure Law in Taiwan and Japan.

The theme of this year's academic seminar focused on three main topics, which are the Civil Procedure Law, the enterprise reorganization system, and the civil enforcement system.

This year, the participants include Professor Matsumura, Professor Uchida, and Prof. Yamamoto, from the Waseda Law Research Institute.

On the NTU side, participants from our law school faculty members are Vice Dean. Professor Shen, Professor Hsu, Associate Professor Wang, Associate Professor Hsu, Associate Professor Huang, Assistant Professor Chen, and graduate student interpreter Mr. Hsiao.

Justice and Law in the Republic and Mencius

-          Author: 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

-          Author: 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

-          Author: 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

-          Author: 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.

University of California Berkeley School of Law and National Taiwan University School of Law jointly held “2017 Workshop on Current Legal Issues in Taiwan and United States” at Tsai Lecture Hall conference room 1 in 10/20/2017.

Prof. Laurent Mayali、Prof. John Yoo、Prof. Eric Rakowski、Prof. Amanda Tyler、Prof. Andrew Bradt and Post-Doctoral Fellow/Lecturer Dr. George Horvath from UC Berkeley School of Law were invited. Participants from Taiwan are Honorable Justice of Constitutional Court Sheng-Lin Jan, NTU law Dean and Professor Wang-Ruu Tseng, NTU law Vice Dean and Professor Kuan-Ling Shen, NTU law Vice Dean and Professor Ching-Ping Shao, NTU law Associate Professor Yu-Wei Hsieh, NTU law Assistant Professor Yueh-Ping Yang, Justice of Taiwan Intellectual Property Court Dr. Sungmei Hsiung, National Central University Institute of Law and Government Director and Professor In-Chin Chen and NCU Institute of Law and Government Professor Kai-Ping Su.

The sessions are “Regulation and Governance in a Commercial World”, “Judicial Reform and Criminal Court” and “Separation of Powers and Justice”. UC Berkeley Law and NTU law have further academic cooperation and exchange via this workshop.

Responding to APG (Asia/Pacific Group on Money Laundering) 3rd round assessment on Taiwan in October, 2018, the Anti-Money Laundering Office, Executive Yuan, was established. Afterwards, the Money Laundering Control Act was amended by the Legislative Yuan, and the act, aiming to require more professionals to report to the authorities when any suspicious financial transactions by their clients appear, would go into effect on June 28. In light of the rapid development mentioned above, this seminar, Anti-Money Laundering and Corporate Governance, invited the professionals of the anti-money laundering to share their experience with the audience, and had some deep discussions in the hope of making significant progress in the system of anti-money laundering. 

This seminar aimed to help the local professionals grasp the global trend of anti-money laundering in recent years. Therefore, the audiences were limited to professors, lawyers, accountants, and bank-related officers.

The title of the seminar, Anti-Money Laundering and Corporate Governance, showed that we concerned not only about the issue of the financial institution preventing money laundering, but also about the relation between anti-money laundering and corporate governance. The legislator, Chien-Ming, Ker, was invited to be a keynote speaker and tell the audience how important the system of anti-money laundering should be nowadays. The first round of the seminar was mainly about the counter-money laundering cases that had been conducted in Taiwan and other countries. The prosecutor, Pei-Ling, Tsai, and the former manager of Hang Sheng Bank, Bonnie Sok In, Chin were invited to deliver a lecture and share their experience. The second round of the seminar focused on the relation between anti-money laundering and corporate governance. The first topic, “Company Secretary’s Role in AML─Hong Kong Overview”, was delivered by the Chief Executive of Hong Kong ICS, Samantha Suen. After that, the accountant from KPMG, Kuo-Chu, Ma, talked about the corporate governance in the view of anti-money laundering law. 

National Taiwan University Law Review  March 2017 Volume 12, Number 1

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

Author: 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

Author: 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

Author: 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

Author: 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.