China Adjusts Stance on Foreign State Immunity with New Law
The Standing Committee of the National People’s Congress of China recently passed the Law of the People’s Republic of China on Immunity of Foreign States, which adjusts China’s previous stance on “absolute immunity” and grants Chinese courts the authority to accept cases involving foreign countries as defendants.
The adjustment in China’s stance is a normal legislative activity of the National People’s Congress and aims to improve China’s foreign country immunity system. The law takes into account international common practices and provides a legal basis for Chinese courts to hear civil cases involving foreign countries and their properties. This move is seen as a way to protect the legitimate rights and interests of all parties involved, promote equality and sovereignty, and facilitate friendly exchanges with foreign countries.
The new law upholds the basic principle that foreign states and their property enjoy immunity in China. However, it also outlines exceptions, allowing Chinese courts to initiate lawsuits for non-sovereign acts of foreign states, such as those involving commercial activities, personal injury, and property damages. Jurisdiction in these cases will be exercised under strictly limited conditions. In addition, under certain circumstances, compulsory measures can be taken against the property of foreign countries engaged in commercial activities. This legal framework is in full compliance with international law and the practices of various countries.
China, as a responsible major country, is committed to upholding the principles of national sovereignty and equality. The country will protect the legitimate rights and interests of its citizens and legal persons in accordance with the law, while also respecting the immunity that foreign countries should enjoy under international law.
The passing of the Foreign State Immunity Law demonstrates China’s dedication to improving its legal system and its desire to open up to the world at a higher level. With this new legislation in place, Chinese courts will be able to handle civil cases involving foreign countries more effectively, ensuring fairness, justice, and the protection of rights for all parties involved.