The Immunity Qualifications Of Subject Of The United State

In the international civil and commercial exchanges are extremely frequent today,the state and its property jurisdictional immunities also increased.State exemptions are one of the important principles of international law.The principle of the relationship between national interests,involving public international law,private international law and international economic law and other fields.Whether it is for the country,business or individual has a significant significance.This article mainly uses the research methods such as history,comparison and case analysis to analyze and discuss the subject matter jurisdiction of the country in the private international law from the aspects of the subject qualification of the jurisdictional immunity,and introduces and discusses the judicial practice of the Chinese government in the United States,Evaluation,and put forward the countermeasures and suggestions for such litigation.And analyzes the necessity of formulating the "foreign sovereign exemption law" in China,and puts forward specific legislative suggestions.This paper is divided into three chapters.The first chapter elaborates the concepts of state immunity theory in international public law,private international law and international economic law.Focusing on the issue of national exemptions in private international law,this paper introduces the historical origin and development of American national immigration theory,introduces the process from the absolute exemption theory to the restriction exemption theory,and the situation that the Chinese government and state enterprises are sued in the United States.The second chapter mainly discusses the subject qualification of the US jurisdictional immunity around the relevant cases of the Chinese government in the United States.The first issue of jurisdictional immunities is the determination of the exemption of the subject.The author introduces the relevant laws of the Foreign Sovereign Evasion Law of the United States,and finally summarizes the enlightenment of the United States on the determination of the subject qualification.The third chapter is about the position and suggestion of the qualification of the national exemption subject,and the countermeasures of the exemption subject qualification.This paper discusses the necessity and feasibility of our country's position from the theory of absolute exemption to the restriction of exemption from the legislation and practice of our country's current national exemption.And finally put forward relevant suggestions on specific legislative issues.