I don't rule out some countries becoming defendants, for the first time in history! The promulgation of the Foreign State Immunity Law
On September 1st, the 5th meeting of the Standing Committee of the 14th National People's Congress voted to pass the State Immunity Law of the People's Republic of China, which will come into effect on January 1st, 2024. The Foreign State Immunity Law is the first law in Chinese history to comprehensively regulate the system of foreign state immunity, and it is a milestone in the construction of China's foreign-related rule of law. This law provides a legal basis for the jurisdiction and trial of civil cases involving foreign countries as defendants in Chinese courts. Ma Xinmin, Director of the Treaty and Legal Department of the Ministry of Foreign Affairs, accepted an interview with reporters from Blue Hall Observer and gave authoritative interpretation of the Foreign State Immunity Law.
Milestones in the construction of foreign-related rule of law
After the promulgation of the Foreign State Immunity Law, it means that China's previous absolute state immunity policy will be adjusted to restrict the state immunity system. According to the Foreign State Immunity Law, Chinese courts can accept and try cases with foreign countries as defendants under certain conditions in accordance with the law. To increase relief channels for Chinese citizens and enterprises, and provide legal protection for safeguarding China's sovereignty, security, and development interests.
Ma Xinmin, Director of the Treaty and Legal Department of the Ministry of Foreign Affairs, introduced that before the promulgation of the Foreign State Immunity Law, China had long implemented an absolute state immunity policy. Chinese courts do not accept cases involving foreign countries as defendants or against foreign property, which has two adverse effects: firstly, after commercial disputes arise between Chinese citizens and enterprises and foreign countries, they are unable to protect their legitimate rights and interests through Chinese courts. On the other hand, in recent years, some foreign courts have frequently accepted and jurisdiction cases of false accusations and abuse of prosecution against our country, while Chinese courts cannot have jurisdiction over foreign countries, resulting in this unequal situation. In order to change this unequal and unfavorable situation, China indeed needs to adjust its policies and formulate the Foreign State Immunity Law.
In recent years, some foreign courts have accepted false accusations and accusations against our country by anti China forces, and even clamored to deprive our country of the state immunity that it should enjoy under international law. Ma Xinmin pointed out that the formulation and promulgation of the Foreign State Immunity Law provides a solid legal basis for China's reciprocal countermeasures, and can play a preventive, warning, and deterrent role. It is an inevitable requirement to use legal thinking and methods to respond to challenges and prevent risks at a higher level.
Meanwhile, Ma Xinmin also emphasized that the issue of foreign state immunity has both legal and diplomatic attributes. The Foreign State Immunity Law is in line with international practice. This law establishes a system of restrictive exemptions, which is in line with recognized international law and is consistent with the legislation and practice of the vast majority of countries. The Foreign State Immunity Law embodies the fundamental principle of national sovereignty equality in international law, balancing China's judicial sovereignty and the sovereignty equality of foreign countries. On the one hand, Chinese courts exercise judicial power in accordance with the principle of territorial sovereignty and protect the legitimate rights and interests of Chinese parties; On the other hand, Chinese courts fully respect the sovereign equality of foreign countries, grant immunity to their sovereign acts and sovereign property, and promote friendly exchanges with foreign countries.
Comprehensive regulation of foreign state immunity system
Ma Xinmin, Director of the Treaty and Legal Department of the Ministry of Foreign Affairs, stated that the promulgation of the Foreign State Immunity Law has significant practical significance.Secondly, it is an important guarantee for resolutely safeguarding national sovereignty, security, and development interests. Thirdly, it is a major measure to implement legislation for the people and safeguard the legitimate rights and interests of citizens and enterprises. Fourthly, it is an important means to serve the high-quality development of the country and assist in high-level opening up to the outside world.
The Foreign State Immunity Law has a total of 23 articles, mainly including six aspects:
One is to establish the principles and exceptions of jurisdictional immunity of foreign countries. Firstly, it is confirmed that foreign countries generally enjoy jurisdictional immunity in Chinese courts. At the same time, it is clarified that Chinese courts can exercise jurisdiction over lawsuits arising from six types of non sovereign acts of foreign countries, such as lawsuits related to commercial activities, lawsuits related to personal injury and property damage caused by non sovereign acts, etc.
The second is to establish the principles and exceptions for the exemption of foreign state property from compulsory measures. Firstly, it is stipulated that foreign property is exempt from compulsory measures in Chinese courts, but for foreign commercial property, Chinese courts can enforce it under certain conditions.
The third is to clarify the scope of application and exceptions of this law. This law applies to foreign countries, including three categories: the state itself, its institutions and components, and individuals and entities representing the state in exercising sovereign power.
The fourth is to confirm the role of the Ministry of Foreign Affairs in handling cases of foreign state immunity. There are mainly two aspects: one is to provide proof documents to the court on factual issues related to state behavior, and the other is to provide opinions on issues involving major national interests such as diplomatic affairs.
The fifth is to establish the principle of equivalence. If the exemption treatment granted to our country and property by foreign countries is lower than that stipulated in this law, our country implements the principle of reciprocity.
The sixth is to clarify the special litigation procedures applicable to cases of foreign state immunity.
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State immunity is a universally accepted principle of international law. Foreign country immunity refers to the exemption of foreign countries and their property from judicial proceedings in the courts of another country. Currently, the vast majority of countries in the world practice a system of limiting state immunity. The system of limiting state immunity has become a recognized legal system in various countries.
