国家间交往主要是通过国家官员来完成,而国家官员的行为是可以归责于国家。当国家官员的行为构成犯罪的时候,其在外国是否可以享有刑事管辖豁免权一直是国际社会关注的重点问题。目前现行国际法对国家官员的外国刑事管辖豁免问题并没有明确规定。本文主要通过分析国家官员的外国刑事管辖豁免的法理基础及范围,为我国政府对此问题应坚持的立场和态度提出了建议。 Intercountry exchanges are mostly done through state officials, who can be blamed on the state. When a State official acts as a criminal offense, whether or not he or she is entitled to immunity from criminal jurisdiction in a foreign country has always been the focus of attention of the international community. At present, the current international law does not clearly stipulate the issue of the immunity of State officials from foreign criminal jurisdiction. This paper mainly analyzes the legal basis and scope of the immunity of State officials from foreign criminal jurisdiction and puts forward suggestions for our government to adhere to its position and attitude on this issue.