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国家及其财产管辖豁免是国际公法、国际私法和国际经济法的共同课题,其理论基础源于国家主权原则以及由该原则引申出来的国家平等和独立。关于国家豁免的适用范围,长期存在绝对豁免论和相对豁免论的争议。本文拟对通过对该原则的内涵、理论依据、发展作简要概述,重点探讨绝对豁免与相对豁免理论之争,在分析当前我国关于国家豁免理论现状的基础上,对国家豁免立法提出几点建议,以期在国际事务中保护国家主权和利益。
Jurisdictional immunity of States and their property is a common issue of public international law, private international law and international economic law. Its theoretical basis is derived from the principle of state sovereignty and the equality and independence of the state as derived from the principle. With regard to the scope of the application of state immunity, there is a longstanding dispute over absolute immunity and relative immunity. This article intends to give a brief overview of the connotation, theoretical basis and development of the principle, focusing on the dispute between the theory of absolute immunity and the theory of relative immunity. Based on the analysis of the current situation of the theory of state immunity in our country, With a view to protecting national sovereignty and interests in international affairs.