15th German-Chinese Constitutional Law Symposium with the China University of Political Science on equality before the law

The China University of Political Science and Law (CUPL) and the FES Beijing office jointly hosted the 15th Constitutional Law Symposium on equality before the law.

In Germany, the very fundamental issue of equality before the law is enshrined as a basic right in Article 3 of the Basic Law (Grundgesetz). This is a general fundamental norm of the rule of law for the entire legal system.

The general principle of equality under Article 3, paragraph 1 of the Basic Law does not require the state to treat everyone equally, but rather to treat “similar cases” equally. However, the question of what is to be regarded as equal cannot be answered without a dimension of justice, which in turn requires an assessment. The state is required, however, to always justify unequal treatment and to be able to provide viable, reasonable, and, above all, unbiased reasons.

The Chinese constitution states in Art. 33 that:

“All citizens of the People's Republic of China are equal before the law.”

Basic rights in Germany have both a protective and a benefit dimension, whereby the latter can be understood as freedom by the state. Furthermore, a distinction is made between original and derivative rights.

In Germany, the constitution should create legal peace and legal certainty. The review of constitutional standards takes place via the constitutional complaint. The constitution speaks therefore through the judges.

In China, the constitution is constantly being adapted to economic realities. The Commission for Legislative Affairs of the Standing Committee of the National People´s Congress (NPC) plays a crucial role to review the compliance of constitutional standards.

This is what Prof. Reinhard Gaier, former judge at the federal constitutional court of Germany;

Prof. Lars Brocker, President of the Constitutional Court of Rhineland-Palatinate and the Higher Administrative Court of Rhineland-Palatinate in Koblenz;

and Ms. Babette Pohl, judge at the Federal Court of Justice

exchanged with their Chinese counterparts from CUPL and experts from other relevant Chinese institutions. Both sides illustrated their respective context with practical examples of jurisdiction.

Apart from the symposium the three German experts had an intensive exchange with representatives of the Commission for Legislative Affairs of the Standing Committee of the NPC.

Prof. Gaier also gave a presentation at the CUPL on the Federal Constitutional Court and the enforcement of the constitutional mandate for equality between women and men, while Prof. Brocker and Ms. Pohl joined the following discussion with teachers and students.