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所谓国家及其财产豁免,简称为国家豁免,在一国领土内,对他国行为及其财产基于平等的主权国家的立场免于适用本国的司法管辖权及执行权。理论界对该问题一般主流支持绝对豁免论和限制豁免论。通过的《联合国国家及其财产管辖豁免公约》也融入了限制豁免论思想,我国签署了该公约,更加明确支持限制豁免主义的立场。
The so-called state and its property exemptions, referred to as state immunity for short, are exempt from the jurisdiction and enforcement power of their own country within the territory of one State on the basis of the position of other sovereign States on the basis of their actions and their property. Theorists in general support the issue of absolute immunity and restriction of immunity. The Convention on Jurisdictional Immunities of the United Nations and Its Patents adopted also incorporates the idea of restriction of immunity and China has signed this convention and more clearly supports the position of restricting immunity.