| With the evolution of the form of international exchanges,the identity and behavior of countries began to take on different natures.Absolute immunity to a certain extent harmed the interests of the forum country.As a result,the theory of limited immunity came into being.Under the theory of restricted immunity,immunity is no longer "sovereign country",The subject of rights and authority have developed more abundantly.Different from countries with absolute immunity,many countries that take a position of restrictive immunity recognize that special entities such as state-owned enterprises can obtain immunity.However,due to the inconsistency in the theory of exemption among countries in the world,the exemption qualifications of state-owned enterprises have not yet been concluded.As the country develops its economy and participates in the wave of globalization,state-owned enterprises will inevitably face the problems of disputes and lawsuits in foreign countries.In recent years,Chinese state-owned enterprises have been sued frequently in the United States.Among them,state-owned enterprises have also invoked jurisdictional immunity in the United States according to the relevant regulations of FSIA.This has caused a very complicated response in the country.This article intends to analyze the jurisdictional immunity disputes faced by state-owned enterprises when they are sued in the United States,combined with the nature of state-owned enterprises and the evolution of the theory of immunity,sort out the core points of these disputes,and systematically put forward some suggestions,with a view to helping my country’s state-owned enterprises In the future,it will provide a certain reference for the development in the United States and the protection of rights and interests when responding to litigation.The first controversy arising from the state-owned enterprise’s claim for jurisdictional immunity is that it occupies an extremely special position in the state’s immunity,and its immunity has never reached a unified determination.In this regard,it is necessary to link the relevant legislation of the international society and our country,locate the attributes of state-owned enterprises from a legal perspective,and analyze the evolution process of the theory of immunity.In the judicial practice of jurisdictional immunity under the guidance of FSIA,the United States has formed many content related to the issue of jurisdictional immunity of state-owned enterprises,including the qualification conditions for jurisdictional immunity of state-owned enterprises,exception conditions,and waiver of immunity.However,Chinese completely different theory and practical position of absolute immunity constitutes the second manifestation of disputes over the jurisdictional immunity of state-owned enterprises.In actual litigation,Chinese state-owned enterprises will face various unfavorable consequences if they claim or do not claim jurisdictional immunity.Its plight of whether to claim jurisdictional immunity is the third controversy.Investigating its essence,the key behind the dispute over jurisdictional immunity of state-owned enterprises lies in the difficulties of state-owned enterprises’ identity and behavior.The special relationship between state-owned enterprises and the state makes them have the dual identities of state representatives and commercial subjects.As a result,its behavior in foreign countries also has two natures: public power behavior and commercial behavior.To deal with a series of disputes arising from the existing state-owned enterprises claiming jurisdictional immunity in the United States,the primary policy of enterprises should be to improve their own system construction,adhere to legal operations and healthy competition,to reduce the cases involved in litigation,so that there will be no dilemmas related to jurisdictional immunity;secondly,once involved in litigation,companies should make good use of the US FSIA rules and play the beneficial role of procedural rights;at the same time,they should be cautious and reasonable when invoking jurisdictional immunity,and avoid involving the state and other unrelated state-owned enterprises at risk. |
