Die Wahrung der Rechtseinheit in Deutschland und der VR China

The problem how judicial unification can be achieved has been dealt differently throughout different countries and times. The existence of a supreme court as a court of last instance in a state is essential to judicial unification. This thesis focuses to the comparative analysis of the supreme courts in China and Germany. The control of judicial unification has been achieved, in Germany, by judicial activities throughout the procedures of appeal and instances of appeal, and actualized by appellant’s lodging of an appeal. Whereas in China, such control is achieved by supervisory procedures through which the Supreme People's Court issues directives and exert influences upon rulings of lower tier courts in order to harmonize divergences. The author’s fields of academic study are civil procedure law, rules of evidence and the Chinese judicial system.