To create legal certainty and ensure that court decisions are broadly accepted, courts must apply the law on the basis of uniform criteria and therefore issue consistent rulings in cases with the same facts. This is the only way to strengthen the trust of citizens in the law as a means of resolving conflict fairly and to improve the quality and transparency of court rulings in the long run. To help achieve and sustain such judicial uniformity, predictability and fairness, the Sino-German Legal Cooperation Programme supports the initial and continuing training of Chinese judges and teaching staff in judicial practice methods.
The Sino-German Legal Cooperation Programme conducts training courses on judicial practice methods in collaboration with the National Judges College of the People’s Republic of China.
On behalf of the German Federal Ministry of Justice and Consumer Protection, the programme also organises an annual Sino-German seminar for judges together with the National Judges College of the People’s Republic of China and the German Judicial Academy.
The training courses on judicial practice methods teach Chinese judges the subsumption and relational techniques of applying laws to facts established in German legal training and practice. All legal practitioners can use these methods to obtain uniform, predictable, and hence transparent solutions – including in cases relating to fields of law with which they are unfamiliar. The courses have now become an integral element of training for judges in China and have so far been attended by more than 9,000 Chinese judges. In addition, extensive course material has been developed jointly with the National Judges College of the People’s Republic of China. The material now encompasses eight volumes in Chinese on a variety of legal fields and is used nationwide in training courses for judges.
At the annual Sino-German seminar for judges, Chinese and German participants meet for one week, alternating the venue between Germany and China. They engage in exchange on a range of topics such as intellectual property law (2014), the professionalism and professional ethics of judges (2015) and the public and parties to the proceedings in court (2016). The discussions, which typically relate to specific cases, examine similarities as well as differences between the two legal systems. These are explored together by the participants.