Outline On The Adjustment Of China’s Principle Of Sovereign Immunity Under The International Anti-terrorism Situation

International terrorism is increasingly all these years.How to use international law to prevent and punish terrorist crimes has become a hot issue of common concern for the the whole world.For a long time,international law has traditionally no question about whether to apply sovereign immunity to terrorism,the way to handle it is either by military action or by bringing terrorists to justice.There is a consensus that the court cannot exercise jurisdiction over a sovereign state for civil reparations because of terrorism.However,developments in the international anti-terrorism situation are constantly challenging this consensus or principle.And under constant influence,bringing new developments in the principle of sovereign immunity.The United States has always been used to count on military strikes,but in recent years in the domestic legislation,the United States set "terrorism exception" in sovereign immunity,authorize civil prosecution against sovereign state which directly participating in or funding or helping terrorism to obtain compensation,and using civil compensation to victims as a response to terrorism.The principle of sovereign immunity deals with the issue of international law,but in the trial of specific cases,the court of one country applies the domestic law to try the foreign country.Due to the great differences in the legal systems between different countries,contradictions are easy to occur in practice.The "terrorism exception" created domestic law by the United States has not only caused a major impact in its own country,but also aroused strong repercussions in the international community.This thesis introduces the legislative process and judicial practice of the "terrorism exception" and analyzes the reasons on its compound impacts such as imitation or boycott in the world.The Chinese government is concerned and vigilant about the " terrorism exception".But this new rule deserves a deeper discussion and a more rational analysis.On the basis of summarizing the status of the principle of sovereign immunity in China,this thesis analyzes the " terrorism exception" by means of dialectics,and find out the reasonable or negative factors in this new rule.While analyzing the contradictions,we can also see the development.With the development of international counter-terrorism and other objective situations,how to deal with the development of sovereign immunity principle is unavoidable to China.There are few studies on the " terrorism exception " in China.In recent years,the cases on "terrorism exception" have been reported as negative news from a political perspective,but it is still necessary to study them from a legal perspective.The positive and negative factors mentioned above,as well as the transcendence can also bring some valuable warnings for theprinciple of sovereign immunity in China through comparative law: First,China’s sovereign immunity principle is relatively lagging behind.The "terrorism exception" is at the forefront of the development of the principle of sovereign immunity,while China is at the other extreme of the principle of sovereign immunity.It is still absolute immunity,and sometimes the position is uncertain;Second,China’s sovereign immunity principle cannot stand up to the scrutiny of jurisprudence.In contrast with "terrorism exception",there are obvious deficiencies in the "rule of law principle","principle of fairness and justice" and "development of law";The third is that excessive conservatism also brings us difficulties and challenges.The "terrorism exception" is too far ahead and appears to be radical,and that China’s absolute immunity is too far behind and appears to be conservative,all of which bring difficulties and challenges to practice.Based on the analysis of all these,we could see that China should boldly abandon the position of absolute immunity,make a correct position of China’s sovereign immunity principle on the basis of comprehensive consideration of various factors,and then improve the sovereign immunity system step by step.This thesis makes three Suggestions: First on the adjustment of China’s sovereign immunity principle.The second is to establish a scientific legal system of sovereign immunity through legislation.Third,keep practicing and exploring to grasp the future development of sovereign immunity.