The Research On The Immunity Of State Officials From Foreign Criminal Jurisdiction

The immunity of state officials from foreign criminal jurisdiction has always been a hot issue in international law.In practice,there are many cases in which one country claims to exercise criminal jurisdiction over another country's officials.However,due to the lack of a unified international legal document to regulate,the theoretical and practical circles have a lot of disputes on related issues.Since the topic was included in the long-term plan by International Law Commission(ILC)in 2006,only seven draft articles and commentaries have been formally adopted by 2019.There are still 11 draft articles to be considered,and there are still objections to draft article 7 on non application of functional immunity.Therefore,on the basis of summarizing the previous research results,this paper will continue to conduct in-depth research on the controversial and unresolved issues.This paper is divided into five parts:The first part mainly studies the basic Substantive law issues of this topic.It mainly includes the basic concept,development process,theoretical evidence,the origin of law,and the type of exemption.The second part mainly studies the traditional attitude of the international community to this topic.It mainly includes the theoretical exploration of the Institute of International Law,the theoretical exploration of the International Law Commission,the practical exploration of major countries,and the practical exploration of the International Court of justice.In the exploration,summarizing the previous research results is a meaningful matter.The third part mainly studies the exceptions of this topic.It mainly includes the clarification of relevant concepts,the theoretical exploration of the Institute of International Law,the theoretical exploration of the International Law Commission,the practical exploration of major countries,and the practical exploration of international criminal justice institutions.There are no exceptions in the analysis ofpersonal immunity and functional immunity.Among them,the most important thing is to refute the reason for the existence of exception of functional immunity.The fourth part mainly studies the procedure law of this topic.It mainly includes invoking immunity,the investigation of immunity,give up immunity and procedural protection issues raised by Hernandez.All parties have the same views on procedural.As Hernandez supports the view that functional immunity has exceptions,Attentions should be paid to the identification and reference of procedural issues.The fifth part,mainly studies our country's response attitude and strategy.It mainly includes our country's attitude and strategy.In terms of strategies,the international level put forward the best,the middle and the bottom strategies,namely re examination,retention of terms and refusal to join;the domestic level put forward three suggestions: revising and improving the criminal law,formulating the relevant immunity law,and establishing specialized agencies.