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Administrative Litigation
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The Criminal Procedure
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civil litigation
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Taxation
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Financial Act/The Banking Act of the Republic of China
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Employment and Labor relations
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Fair Trade Law
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Consumer Protection Law
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Trade Secrets Act
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Copy Right Act
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Trademark Law
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Business Law
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Insurance Act
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Company Act
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¡@ Maritime Law
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Enforcement of the Foreign Trade Act, Foreign Investment
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State Compensation Law
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Conscriptions Act

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¡@ Administrative Litigation
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Administrative remedies¡@

Administrative remedies If you sought a building permit from the governmental institutions of your city and it was denied for what you considered to be improper reasons, you might bring a mandamus action, which would in effect ask the court to order the governmental institutions to issue the permit.However, before bringing any such action, you would first have to follow the procedural or administrative remedies the city ordinances provide, which might include appealing to the planning commission and to the city council before going to court. You might ask for a writ of prohibition if you wish to stop some governmental official from taking detrimental action involving your rights. The area of equitable relief is a complicated and technical one and requires the assistance of a lawyer.

Exhaustion of administrative remedies

Exhaustion of administrative remedies In the area of administrative law, where governmental institutions are involved, there is a doctrine referred to as exhaustion of administrative remedies. What this means is that if you have been denied a building permit, for example, you must follow whatever administrative remedies have been set up by the applicable governmental ordinances before you can sue the city. This may mean that you have to file a written claim in a certain form, within a certain period of time. Then you have to take the matter up with certain administrative or governmental bodies. You can only file a legal action when you have given these bodies a chance to consider your claim and they have denied it. ¡@

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¡@ ¡@ The Criminal Procedure
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Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this law.
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this law.
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this law.

A public official who conducts proceedings in a criminal case shall give equal attention to circumstances both favorable and unfavorable to an accused.
An accused may request the public official specified in the preceding paragraph to take necessary measures favorable to the accused.
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Before you can think about becoming a plaintiff in a lawsuit, you must first have a case. Whether you have a case or not depends upon what your cause of action is. The cause of action is what a lawsuit is all about. If you get hit by a car while you are in a pedestrian crosswalk, crossing with the green light, you have a cause of action against the driver of that car. Your cause of action would be in tort, for negligence. If you sign an agreement and pay a down payment for the purchase of a house and the seller refuses to go through with the deal, you would have a cause of action against him for breach of contract. Your lawyer will tell you what kind of a cause of action you have, and how good it is, or what your chances of winning are. ¡@

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Taxation
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Tax Dispute Resolution:

Administrative Remedies for tax matters

Tax Refund
Re-check and Appeal
Administrative Litigation
Administrative Settlement
Application for Grand Justices' interpretation

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Financial Act / The Banking Act of the Republic of China
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This Act is enacted to improve the conduct of the banking business, to protect the rights of depositors, to coordinate with the development of productive enterprises and to keep Bank credit abreast of national financial policy. The term, "Bank", as used in this Act shall include:
1.Commercial Banks;
2.Banks for a Special Business Purpose; and;
3.Investment and Trust Companies.
Except for those Banks established by the Government, the type and special business purpose of a Bank shall be indicated in the Bank's name.A non-Bank may not use a name specified in Paragraph 1 or any other name that would likely cause people to mistake it for a bank.

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Employment and Labor relations
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Labor Standards Act

The Act is enacted to provide minimum standards for working conditions, protect workers' rights and interests, improve employee-employer relationships and promote social and economic developments. Matters not provided for herein shall be governed by other applicable statutes.
The terms and conditions of any agreement between an employer and a worker shall not be below the minimum standards provided herein.

We can help you with

Cases involving general labor issues, employment contracts, work rules, employees' transfer and dispatch, employment of expatriates, wages and working-hour systems, staff welfare, employees' bonuses and employee stock options, labor pension schemes and severance pay systems, redundancy issues, gender equality and sexual harassment issues, labor safety sanitation and occupation-hazard issues, labor union and labor strike issues, and mediation and litigation of labor disputes.

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Fair Trade Law
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This Law is enacted for the purposes of maintaining trading order, protecting consumers' interests, ensuring fair competition, and promoting economic stability and prosperity. Unless otherwise provider in this Law the provisions of other relevant laws shall apply.

No enterprise shall have any of the following acts which is likely to lessen competition or to impede fair competition:
1.causing another enterprise to discontinue supply, purchase or other business transactions with a particular enterprise for the purpose of injuring such particular enterprise;
2.treating another enterprise discriminatively without justification;
3.causing the trading counterpart(s) of its competitors to do business with itself by coercion, inducement with interest, or other improper means;
4.causing another enterprise to refrain from competing in price, or to take part in a merger or a concerted action by coercion, inducement with interest, or other improper means;
5.acquiring the secret of production and sales, information concerning trading counterparts or other technology related secret of any other enterprise by coercion, inducement with interest, or other improper means; or
6.limiting its trading counterparts' business activity improperly by means of the requirements of business engagement.
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Consumer Protection Law
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The Consumer Protection Law is enacted for the purposes of protecting the interests of consumers, facilitating the safety of the consumer life of nationals, and improving the quality of the consumer life of nationals.

With regard to goods or services provided by them, business operators shall pay attention to the health and safety of consumers, and shall explain to the consumers the methods of use for goods and services, ensure the fairness of transactions, provide consumers with adequate and accurate information, and implement other measures necessary to protect consumers.

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¡@ ¡@ Trade Secrets Act
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¡@ ¡@ This Act is enacted to protect trade secrets, maintain industrial ethics and order in competition, and balance societal and public interests. The term "trade secret" as used in this Act shall mean any method, technique, process, formula, program, design, or other information that may be used in the course of production, sales, or operations, and also meet the following requirements:
(1) It is not known to persons generally involved in the information of this type;
(2) It has economic value, actual or potential, due to its secretive nature; and
(3) Its owner has taken reasonable measures to maintain its secrecy. One who intentionally or negligently misappropriates another's trade secret shall be liable for damages. If two or more parties jointly misappropriate, such parties shall be jointly and severally liable. The right to claim for damages as referred to in the preceding Paragraph shall be extinguished if the right is not exercised within two years from the date when the owner of the right has knowledge of both the act of misappropriation and the identity of the party liable for the damages, or within ten years from the act of misappropriation.
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Copy Right Act is specifically enacted for the purposes of protecting the rights and interests of authors with respect to their works, balancing different interests for the common good of society, and promoting the development of national culture.

Within seven days of the date of the conclusion of a mediation settlement, the specialized agency in charge of copyright matters shall submit the written mediation settlement statement for review by the court of jurisdiction.
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¡@ ¡@ Trademark Law
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This Act is designed to safeguard trademark rights and consumers' interest, maintain fair competitions of markets, and facilitate normal development of industries and commerce.

An application of a foreigner, whose country has not established trademark protection treaties or agreements with the Republic of China on a mutual basis or has rejected a trademark registration made by nationals of the Republic of China in pursuance to its domestic legislations, may be rejected. A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.

A trademark application shall be rejected if the proposed trademark satisfies any of the following:
One that represents the shape, quality, function(s) or other descriptions of the goods or services;
A generic sign or term used in relation to the designated goods or services;
One that is a three-dimensional shape of the goods or packaging thereof and is indispensable for performing the intended function(s);
One that is identical or similar to the national flag, national emblem, national seal, military flags, military insignia, official seals, medals of the Republic of China, or flags of foreign nations.
One that is identical to the portrait or name of the late Dr. Sun Yat-Sen or of the head of the state;
One that is identical or similar to a mark used or medal or certificate awarded by a government agency of the Republic of China or by an exhibition assembly;
One that is identical or similar to the name, emblem, badge or mark of a well-known international organization or a well-known domestic or foreign institution;
One that is identical or similar to the CNS (Chinese National Standards) Mark or any domestic or foreign mark of the same certified inspection nature;
One that violates public order or good morals;
One that is likely to mislead the public with respect to the nature, quality, or place of origin of the designated goods or services;
One that is identical or similar to another person's well-known trademark or mark and hence is likely to confuse the relevant public or likely to dilute the distinctiveness or reputation of the said well-known trademark or mark. However, the aforementioned shall not apply to an application filed with consent from the owner of the said well-known trademark or mark;
One that is identical or similar to a registered trademark or a proposed trademark of a preceding application that is designated for use on identical or similar goods or services thereof and hence likely to cause confusion to relevant consumers. However, except in the case where such trademarks and their designated goods or services of both parties are identical, the aforementioned shall not apply to an application filed with consent from the owner of the said registered trademark or a proposed trademark;
One that is identical or similar to a trademark that has been used prior by another person on the identical or similar goods or services, and the applicant thereof is aware of the existence of the said trademark through contractual, geographical, or business connections, or any other relationship with the said person. However, the aforementioned shall not apply to an application filed with consent from the said person;
One that comprises a portrait, or a famous name, stage name, pseudonym or alias of another person. However, the aforementioned shall not apply to an application filed with consent from the said person;
One that comprises the name of a famous juristic person, entity or other group, and hence likely to cause confusion with the relevant public;
One that infringes another person's copyrights, patent rights, or other rights, where such infringement has been affirmed by a court. However, the aforementioned shall not apply to an application filed with consent from the said person; or one that is identical or similar to a geographical indication of wines and spirits of a country or region that mutually protects trademark with the Republic of China, and is designated for use on wines and spirits.
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Business Law
¡@ ¡@ The term "company" as used in this Act denotes a corporate juristic person organized and incorporated in accordance with this Act for the purpose of profit making.
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The term "insurance" as used in this Act means an act whereby the parties concerned agree that one party pays a premium to the other party, and the other party is liable for pecuniary indemnification for damage caused by unforeseeable events or force majeure.
A contract entered into on the basis of the preceding paragraph is called an "insurance contract."

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Companies are formed with four classes as set forth in the following:
1. Unlimited Company: which term denotes a company organized by two or more shareholders who bear unlimited joint and several liabilities for discharge of the obligations of the company.
2. Limited Company: which term denotes a company organized by one or more shareholders, with each shareholder being liable for the company in an amount limited to the amount contributed by him?
3. Unlimited Company with Limited Liability Shareholders: which term denotes a company organized by one or more shareholders of unlimited liability and one or more shareholders of limited liability; among them the shareholder with unlimited liability shall bear unlimited joint liability for the obligations of the company, while each of the shareholders with limited liability shall be held liable for the obligations of the company only in respect of the amount of capital contributed by him.
4. Company Limited by Shares: which term denotes a company organized by two or more or one government or corporate shareholder, with the total capital of the company being divided into shares and each shareholder being liable for the company in an amount equal to the total value of shares subscribed by him?
The name of a company shall indicate the class to which it belongs.

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¡@ ¡@ Maritime Law
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¡@ ¡@ The code of conduct for Maritime Law is mainly based on ship engage in the marine commercial transit campaign. It includes Ship (Ownership of Ship, Maritime Liens, and Ship Mortgages), Carriage (Carriage of Cargo, Carriage of Passengers, and Towage of Ship), Collision of Ships, Salvage, General Average, and Marine Insurance related rights and responsibility. Most of Marine commercial campaigns are internationally. Many international act trading law and agreements are used whether is listed or not.
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Enforcement of the Foreign Trade Act, Foreign Investment
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Taiwan has becoming one of the important trading countries in the world in the recent years because of the economic development. Many foreign businessman and overseas Chinese are coming to our country to engage in various commercial business campaigns. Initially business requires traveling and then makes frequent stopovers. Again because businesses were expanding to establish organization, and assign many specialists to engaged in variety of commercial campaigns.

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¡@ State Compensation Law
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A public official who conducts proceedings in a criminal case shall give equal attention to circumstances both favorable and unfavorable to an accused.
An accused may request the public official specified in the preceding paragraph to take necessary measures favorable to the accused.

The State shall be liable for damage to any person's life, body, or property resulting from a defect in the installation or management of any government-owned public facility.
The compensating authority shall have the right to reimbursement from the said third person who is liable for the damage referred to in the preceding paragraph.
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¡@ Conscriptions Act
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¡@ ¡@ A man aged 18 starts his military service day from January 1st of the proceeding year and be discharged on December 31st of the year at the age of 40, called the Male's Service Age. However, the discharge age of an Officer and Junior Office is not restricted to this rule.
The so-called Man of Approaching Service Age refers to the period from January 1st of the proceeding year of a man of 15 years of age, to December 31st of the year he reaches the age of 18. A man who is mentally or physically disabled or with serious illness that could not reach the service standard are exempted from the Military Service, called Exempted from Induction. Recruiting Age Male who has one of the following situations should go through
Recruitment re-processing; those have not gone through recruitment processes should go through the processes and be recruited aster passing:
1- Reasons for deferment were destroyed.
2- Due to sickness or other causes that were approved for extension of checkups.
3- Transfer of hometown address or mistakes or incorrect records that were corrected or being handled through legal processes after clarifications.
4- Finished serving the jail terms due to breaking the law.
5- Became a citizen of the Republic of China.
6- Migrated to a foreign country before the Recruiting Age and had returned and reside in the country; the same for those who have obtained foreign citizenships.
7- Studying abroad before the Recruiting Age and had returned to the country after graduating; the same for those who have obtained foreign citizenships. Citizen Serving the Country enjoy the following rights:
1- During the Service period, students can retain their student status, employees can retain their years of service, those who have no former student status and profession, has the priority rights for an education and works after retiring, on leave, reinstate or mobilization has been lifted.
2- During the service period, if the family can not maintain its leaving, the government will be responsible to support the family.
3- Injured or disabled during the war or while on duty, the government should be responsible
for supporting the casualty, or return to hometown as they wish.
4- Children of decease in war or perished while on duty, and unable to support the family,
the government should be responsible to support the family until he becomes adults.
5- Perished in a war or died while on duty, the government should take care of their funeral expenses, and erect a memorial tomb for others to pay respect.
6- Other reward, indemnity, and fringe benefits rights regulated in the law.
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ADD : 3F., No.38-1, Sec. 1, Ren-ai Rd., Zhongzheng District, Taipei City 100, Taiwan
OFFICE : (02) 2392-5612 ¡@ FAX : (02) 2392-5614 ¡@Cell phone : 0910080277