国家管辖豁免制度的新近发展与中国的对策

2004年12月16日,第59届联合国大会通过《国家及其财产管辖豁免公约》,意味着大多数国家接受了“限制豁免论”,标志着一百多年来的“绝对豁免论”与“限制豁免论”之争暂时达成了妥协,国家管辖豁免制度进入了新的历史时期。鉴于我国政府已签署该《公约》,有必要探寻我国在新形势下的对策,以适应世界政治经济的发展潮流。

On the Recent Development of Jurisdictional Immunities of States and China's Countermeasures

Convention on Jurisdictional Immunities of States and Their Property was approved by the 59th United Nations Convention on December 16,2004.This means that most countries have accepted the "limited immunity theory",and indicates that the "absolute immunity theory" and the"limited immunity theory"have reached an agreement for a while and that the system of Jurisdictional Immunities of States has entered into a new era.In view of the fact that China signed the Convention,it is necessary to try to find out some countermeasures that China may adopt under the new situation in order to adjust to the tideway politically and economically in the world.