The State-Owned Enterprise Issue In State And Its Property Jurisdictional Immunities

State-owned enterprise has always been a special topic in the states immunity issues, and it has been discussed by scholars around the whole world for a long time. This is partly because that state-owned enterprise itself is special:it is a company, but also has tight connection with government, which holds its most shares and can pose great influence. And it is also because the stand and principle of a country for this topic is related with international commerce intercourse as well as the international economic status. So it would mean a lot to explore the relationship between the state-owned enterprise and subject of state immunity. At the same time, China is a developing country with large proportion of state economy. And China also has been blamed for a long time in international trade for the mixing up of functions of the government and enterprises. Even the Chinese government was sued by foreign entities for many times for the wrong doings of state enterprises, which did pose very negative influence to Chinese image. The UN Convention of State and Their Property Immunities was announced in 2004, which provides a layout plan to resolve the state immunity issues as well as posing great challenge to China. As signatory of the convention, China needs to alter the domestic laws and be able to connect issues globally.Under such background, this article takes the state-owned enterprise of state immunity issue as breakthrough point, and tries to analyze the mutual relation of state-owned enterprise and state immunity subjects. This article begins with two points, one of which is whether state-owned enterprise can be the subject of state immunity, and the other one is responsibility relation of state-owned enterprise and government. This article will collect the legislation and judicial cases of major countries all around the world, and also explore international treaties and conventions, as well as some theories of law, to summarize the mainstream opinion of this problem and use them to guide China. This article holds that as an independent entity separated from the government, state-owned enterprise isn't the subject of state immunity and could not enjoy it unless it exercises public function. At the same time, for the wrong-doing of state, the state-owned enterprise doesn't need to hold responsible because it is separated from the state and is an independent entity, unless it violates the Equitable Principle. For the wrong-doing of state-owned enterprise, the immunity of state won't be impacted either. And state doesn't need to take any responsibility unless it violates the Equitable Principle. For China, we should adopt the theory of separated independent entity, and deepen the reforms of state-owned enterprise. This would be helpful not only for protecting Chinese state-owned enterprise, but also maintaining good international image of China.