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The Research On The Exception System Of The State Jurisdictional Immunity

Posted on:2017-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:M X ZhaoFull Text:PDF
GTID:2336330503987736Subject:Law
Abstract/Summary:PDF Full Text Request
The question about sovereign immunity exception is always given much importance and controversy. I confirm the doctrine of restrictive immunity as the theoretical origin of the national jurisdictional immunity exception after the concepts of national jurisdiction immunity and necessary analysis about two main theory of the state immunity.Then I pay attention to the the external related legislation and practice,which is given much concentration on European Convention on State Immunity, the United States' Foreign Sovereign Immunities Act, the State Immunity Act of the United Kingdom.I made some necessary analysis hoping to get useful tips for the specialized legislation jurisdiction of China's national exemption exception.Last but not least,it is the United Nations Convention on Jurisdictional Immunity of States and their Property.And legal provisions about different areas is the main content such as business transaction,employment contract,personal injury and property damage and so on. At last I pay attention to China's present legislation and practice of the national jurisdictional immunity,I supply some suggestions mainly about business transaction,employment contract,personal injury and property damage and so on.
Keywords/Search Tags:the doctrine of absolute immunity, the doctrine of restrictive immunity, sovereign immunity, jurisdictional immunity
PDF Full Text Request
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