The Study Of The Restrictive Immunity And The State Immunity Theory Of China In The Case Of Congo

The principles of national immunity, based on the ancient principles of international law-"par in param non habet imperium", is a principle recognized by the international community. This principle is absolute and exclusive in the early days, that is to say, this principle is absolutely immunity. After the second world war, the nation immunity appeared the tendency which developed to the limited immunity, namely the country didn't exempt some behavior from countries' legislation and judicial practice, the international convention to see. This paper analyses the focus of controversy of the case which is about the state immunity position of Hong Kong, whether Hong Kong have jurisdiction in the case of state immunity and whether Hong Kong should follow the Chinese government views on the position, with analyzing the American hedge funds prosecute the case of democratic republic of Congo and China Railway Group Limited in Hong Kong as the introduction. This paper analyses the problem of the nation immunity in the condition of "one country, two systems":Hong Kong can't continue to apply the nation immunity in the common law after returned to the motherland, the position between Hong Kong and mainland must achieve the unification under "one country, two systems". Based on the development trend of state immunity of the current international society, experience of developed capitalist countries and international convention, this paper puts forward some suggestions and development direction of state immunity in the end.