Spokesperson of the Ministry of Foreign Affairs answers questions from reporters regarding the promulgation of the Foreign State Immunity Law
Q: The Standing Committee of the National People's Congress of China recently reviewed and passed the State Immunity Law of the People's Republic of China on Foreign Countries. This law adjusts China's previous position of "absolute immunity" and authorizes Chinese courts to accept cases involving foreign countries as defendants. May I ask why the Chinese side has made this adjustment?
Answer: Formulating the Foreign State Immunity Law is a normal legislative activity of the National People's Congress of China. This law refers to international practices and makes provisions on the issue of foreign state immunity, aiming to improve China's foreign state immunity system, provide legal basis for Chinese courts to hear civil cases involving foreign countries and their property, protect the legitimate rights and interests of parties, safeguard the equality of national sovereignty, promote friendly exchanges with foreign countries, and assist China in a higher level of opening up to the outside world.
The Foreign State Immunity Law recognizes the basic principles of immunity enjoyed by foreign countries and their property in China, and provides for exceptional circumstances. It clarifies that Chinese courts may exercise jurisdiction over lawsuits arising from non sovereign acts of foreign countries, such as disputes involving commercial activities, related personal injury, and property damage, and may take compulsory measures against commercial activity property of foreign countries under strict restrictions. This is fully in line with international law and the practices of various countries.
As a responsible major country, China firmly upholds the principle of national sovereignty and equality, protects the legitimate rights and interests of Chinese citizens and legal persons in accordance with the law, and respects the exemptions that foreign countries should enjoy under international law.