Research On The Qualification System Of British National Immunity Subjects

The development of the British state immunity system is the perfection of the case law based on the statute law,and the development of the state immunity subject qualification system is the implementation of the statute law on the basis of judicial practice.When determining the qualification of the subject of state immunity,the United Kingdom not only has legislation to regulate the qualification of the subject at the legislative level,and clearly authorizes the subject to be identified,but also has clear identification standards and standardized identification procedures in judicial practice.This is a relatively late development of China’s state immunity system,and no separate legislation has been introduced.Chinese courts have almost never accepted cases where foreign sovereignty is sued in China,and they have never supported the Chinese government’s provision of legislation and justice in the context of foreign courts being sued reference value.This paper is based on the issue of the qualification of exempt subject,which is the primary solution in the state immunity system,and takes the statute law of the United Kingdom for more than 40 years and judicial practice with a longer history as the research object.The main content of the case law and its evaluation are comprehensively interpreted,and the suggestions for the design of the provisions of the qualification system for exempted subjects and the points that need to be considered when our country formulates the "State Immunity Law" are put forward,In order to provide reference judicial practice guidance for China to deal with the cases of being sued in foreign courts,especially in the case of state-owned enterprises being sued frequently in the United States,the status and subject qualification of state-owned enterprises are further clarified in the position of "absolute immunity has changed".The first part of this article focuses on the purpose and significance of the research,and also provides some insights into the domestic scholars’ research on the qualifications of state-owned enterprises and the qualifications of exempted subjects in various countries,as well as foreign scholars’ research on the qualifications of stateexempted subjects and the UK’s national exempted subject qualifications.Academic review of the literature.The second part of the article focuses on explaining the connotation of subject and subject qualification,as well as the connection and difference between the two,and accurately defines the subject of state immunity and the qualification of state immunity subject.The third part focuses on the analysis of the influencing factors of the subject qualification system of the British state immunity system,the transition from the British domestic absolute immunity theory to the limited immunity theory,and the "European Convention on Immunity" and the "Foreign Sovereign Immunity Law" on its immunity subject qualification identification system.From the perspective of its influence,it further explores the identification process of the UK exempted subject qualification system.The fourth part of the article focuses on the analysis of the main content of the British state exemption subject qualification system,including domestic written legislation and judicial practice.Firstly,it analyzes the elements of immunity and privilege enjoyed by the two specific immunity subjects of the state,its agents and international organizations,which are regulated by the British domestic laws and the decree of the Privy Council.Secondly,it interprets the representative precedents of the three immunity subjects of the the individual,separate entity and the international organization.The fifth part of the article focuses on evaluating the identification of the British state exemption subject qualification system,affirming its advantages so far and pointing out its worthy of improvement.The sixth part of the article focuses on summarizing the legislative and judicial status quo of my country’s immunity system,and on the basis of the above-mentioned British state immunity subject qualification system,it proposes that when our country constructs the "State Immunity Law",the identification of immunity subject qualifications is in the identification subject,Design of specific provisions in terms of inspection standards and judicial procedures.