Research On The State Immunity Of The United States Against China Under The COVID-19 Pandemic

Novel coronavirus pneumonia outbreak has been China’s novel coronavirus pneumonia outbreak.China has taken effective measures to fight the new crown pneumonia epidemic,and has worked closely with WHO and provided continuous support to other countries for epidemic prevention.It has played an indispensable role in the global fight against disease and has been highly praised by WHO.However,since March 2020,in the United States,there have been a number of false accusations against the Chinese government,relevant ministries and departments,institutions,etc.by individuals,groups,and state governments,falsely claiming that China should "pay" for the losses caused by the epidemic.As a sovereign state,China should be exempted from the jurisdiction of foreign domestic courts,which is China’s inherent right in international law,not the "favor" or "privilege" granted to China by foreign countries.Therefore,in order to better safeguard China’s national interests and highlight China’s sovereignty,this paper will further analyze and point out that even if the U.S.courts apply the only legal basis of the 1976 foreign sovereign immunity act on state immunity,the U.S.courts do not meet the applicable conditions of their jurisdiction for these malicious lawsuits.Therefore,the U.S.courts have no right to hear these cases and should When the prosecution is dismissed.Up to now,many famous scholars at home and abroad have refuted the US plaintiff’s action against China.These actions not only make up facts,violate the basic principles of international law,but also do not conform to the relevant provisions of the US foreign sovereign immunity act.According to the provisions of the foreign sovereign immunity act of the United States,the United States enjoys jurisdiction over other countries and needs to meet the provisions on the subject of immunity and exceptions to state immunity.However,in the U.S.litigation against China,the Chinese government and other defendants have the status of subject of state immunity.Moreover,the U.S.plaintiffs cited the state immunity exceptions such as "commercial act exception","non-commercial tort exception" and "terrorism exception" in the foreign sovereign immunity act,but the Chinese government’s behavior in dealing with the epidemic situation simply does not meet the applicable conditions of these exceptions.At the same time,some politicians in the United States publicized the amendment of the foreign sovereign immunity act to deprive the Chinese government of its national immunity.As far as China is concerned,with the deepening of internal reform and the deepening of foreign exchanges,it plays an increasingly important role on the world stage and plays a decisive role.Abusive prosecution will have a huge negative effect on China’s national image and world influence.Therefore,this article will further elaborate the illegality of the US COVID-19’s false accusation of indiscriminate complaints.From the perspective of safeguarding China’s national interests,it will conduct in-depth analysis of the potential risks China faces in the US courts,such as the possible default judgment in China,the possibility of amendment of the Sovereign Immunity Act in the United States,and the possibility of enforcing the state property in China.And put forward the corresponding countermeasures and legal suggestions to highlight China’s national sovereignty and protect China’s development.