China's Legislative Study On Restricting Immunization

Study on the doctrine of restrictive immunity has great importance for the development of international law,from the public international law to private international law,from the United Nations to the EU,from international legislation to domestic legislation.Most international organizations and scholars who are related have analyzed and discussed on theory and practice.However,the problem is still unresolved.Study on international and domestic legislation and authoritative scholars' theories is as the foundation.I think the doctrine of restrictive immunity would be the direction of future trend of state immunity principle.Since that,I propose China draw on the legislative experience of international organizations and the developed countries.It is necessary to draft legislation of state immunity,in accordance with international trade practice to establish specific legal regulation procedures to prepare future relevant legal cases.I divide the article into five chapters.The first chapter introduces the introduction,including the background and significance of doctrine of restrictive immunity,the International and internal research and legislation,a brief description of research ideas and research methods.I also draw attention to the innovation and inadequacies of this thesis.In the second chapter,firstly,I summarize the origin and development of the doctrine of state immunity,so as to help readers understand the basic situation of the theory as a whole.Secondly,the international law,the research and the practice of the theory are quoted as evidence.In summary,I advocate China to apply the principle of restrictive immunity.I am not imaginary but convincing.International Convention,treaty,the national law,international law and practice prove that the restrictive state immunity is worth being followed.In the third chapter,I analyze Chinese history state immunity position from Chinese actual conditions.In the history of our country,we advocate the doctrine of absolute state immunity,and it is reflected in the practice of several legal cases.However,with the exposure of the flaws of absolute state immunity and the requirement of international trade,more and more scholars have supported our country to establish the doctrine of restrictive state immunity.In addition,China has signed 2004 ‘United Nations convention on jurisdictional immunities of States and their property.Then,the adjustment of part of the legislation also shows gradual acceptance of the doctrine.In the fourth chapter,I expound the opportunities and challenges that the doctrine that China make use of may confront in the current era.Back in the past,the restrictive state immunity is widely supported after comparison of related state immunity theories.Its survival is because of the fittest characteristic;looking around the world,it is needed by the economic globalization and the mainstream trend of legislation.It fully demonstrated the advantages on business.It can also balance contradiction of national dual position of reality and prevent national revenge;In the future,the restrictive state immunity may face challenges.I will mainly contact international mandatory law and international human rights law to it to clarify in this paper.Finally,I would put forward three suggestions.Firstly,China had better establish the principle of restrictive state immunity;Secondly,make restrictions and detailed procedures;Thirdly,the abuse of restrictions should be careful,too.I absolutely call for "basic principles of international law of state immunity" unswervingly.I adhere to the basic principle of "one China " unswervingly.Base on these principles,I establish basic framework of specific procedures about restrictive state immunity.Whether the international organization problem and ‘one country,two systems' would be included will be considered before putting forward thinking on Chinese state immunity legislation.The aim of the paper is to serve the Chinese national conditions.