英文摘要 |
"The“Commercial Case Adjudication Act”was enacted in January 2020 and went in force on July 1, 2021. The scope of the application of this Act is limited to commercial litigation cases and commercial non-litigation cases. This article only discusses commercial litigation cases. The scope of commercial litigation cases is stipulated in Article 2 Paragraph 2 of this Act. There are 7 Subparagraphs in total. This article divides them into three categories. The first category involves the price or value of the claim which is equal to or more than one hundred million New Taiwan Dollars, and is specified in Subparagraphs 1, 2, and 6. The second category involves disputed cases concerning publicly traded companies, and is specified in Subparagraphs 3, 4, and 5. The third category involves commercial litigation cases, which fall under the jurisdiction of the Commercial Court pursuant to other laws, or as designated by the Judicial Yuan. It is stipulated in Subparagraph 7. First of all, this article introduces the normative content of these three categories of commercial litigation cases and the problems that they may arise. Since commercial litigation cases can be designated by the Judicial Yuan and be included in the scope of application of Commercial Case Adjudication Act, this article will then introduce the jurisdiction of the commercial courts in the United States, the United Kingdom, and Germany for the reference of the Judicial Yuan’s exercising the designation power in the future. Finally, this article puts forward some preliminary opinions about the scope of commercial litigation cases as a conclusion, and hopes to draw the attentions of the public and to facilitate further researches on relevant issues." |