The Exception Of State Immunity In The Field Of Personal Infringement

State immunity refers to the right that a country and its property shall be exempt from the jurisdiction of courts from other countries.It is a significant principle in international law and of great significance in safeguarding national sovereignty.State immunity is an international practice that is generally accepted by all countries.However,there are some controversies regarding the scope of immunity.This paper takes the case of personal infringement as an entry point to discuss in depth whether the personal injury caused by the tort of another country can be accepted and tried by the relevant courts.It can solve the difficulties of jurisdiction in judicial practice in different countries and gives better balance between the interests of the national and individuals.It also has far-reaching practical significance.The paper focuses on the research method of case analysis and compares a considerable number of domestic and foreign data which are related to the state immunity exceptions in the state immunity and infringement fields.In conjunction with the analysis of concepts and literature,the paper discusses in depth the personal infringements which belong to state immunity.Firstly,the paper begins with the basic theory of state immunity and its exceptions,elaborates the concept of the state immunity and its development process,compares the difference between the immunity exception in theory and practice,summarizes the connotation of the state immunity exception and its legal basis.Secondly,the paper puts forward the theoretical starting point of the country immunity exception in the field of personal infringement,that is,to restrict national sovereignty and to protect basic human rights.At the same time,it discusses and compares relevant domestic and international legislation.Finally,focusing on issues about the unclear scope of the country's infringement activities,the application of the immunity exception in the diplomatic domain,and the partial conflict between the diplomatic immunity system and the inconsistent application rules of the infringing place and the territorial link,and proposed the solutions about the application scope of the state immunity issue in the field of personal infringement,reasonably exclude the immunity of violations in the diplomatic field,and clarify the countermeasures of the infringement ground and territorial links,in order to resolve the issues of personal infringement in the exception of state immunity,and put forward the suggestions on perfecting the domestic and foreign legislation of the exception of state immunity in the field of personal infringement.The paper proposes to establish an international court of human rights to provide ultimate relief for victims,and also proposes to use cruel torture as an innovation point to the exception of state immunity in personal infringement in order to protect human rights completely.