Investigation On The Theory And Practice Of Jurisdictional Immunities Of States And Their Property

State sovereign immunity is a quite ancient principle. With the increase of transnational legal disputes between a state and foreign natural or legal persons, the status of a government in another country' court becomes a very noticeable and the most controversial issues in the current international legal relations. The principles have been established gradually through the accumulation of precedents of the domestic courts of some countries in Europe and America in the 19th century. Prior to this, the existing diplomatic immunity, the monarch personal immunity and domestic sovereign immunity, the principle of State immunity constitute the historical origin. Although there are different theories on State immunity, many States in theory and practice recognize that State sovereign immunity is based on the principle of sovereign equality.Although the state immunity as a principle of international law or the general well-established rules, there are differences between countries on the scope of application and the practice of this principle. To sum up ,there are disputes between absolute immunity theory and restrictive immunity theory. With the increase of foreign economic and trade activities, disputes between states and foreign natural persons or legal entities also will be a substantial increase. In the face of these disputes, if a country continues insisting on the absolute immunity, Private parties may not get effective relief, and will also increase the burden on the diplomatic authorities. After the Second World War, to protect their own private or the interests of the company the major capitalist countries in Europe and the United States begin to transfer from absolute immunity theory to restrictive immunity theory and at the same time, some developing countries have also transfered to restrictive immunity theory. 2004 "United Nations convention on jurisdictional immunities of States and their property" is passed and opened for signature Marking that more and more countries accept restrictive immunity theory and making advantage to the harmonization of national legislation. It implies that the uniform rule concerning jurisdiction of states and their property has been established, and will have great influence on international rule of law, and on the economic activities of states.From both theoretical and practical aspects, through the interpretation of practice and legislation of the Jurisdictional Immunities of States and their property in main Western capitalist countries and relevant international law, and to analyze recent case of Morris against China, the author put forward the corresponding countermeasures based on Chinese status quo. This paper is divided into four parts. The first part is the basic theory Of State immunity; The second part is the practice of State immunity and legislation in each country; The third part is the basis of state immunity on international law.