论管辖豁免中国家与企业的关系及对策

在国际民商事交往日益频繁的今天,国家及其财产管辖豁免的问题也随之增多。论述了国家及其财产管辖豁免制度中的国家与国企的关系及我国应采取的立场;并结合我国国家企业或其他实体不享有国家豁免的现状,分析其存在的两点主要原因:两权分离导致的国有企业没有真正的法律人格和政企不分、所有权人地位虚化,针对其现状及原因从三个方面提出相应的对策。

A Probe into the Relation between the State and Its Enterprises in the Property Immunity of Jurisdiction and the Counter Measures in China

With the increasement of communication of international civil and commercial affairs today, there are more and more questions on jurisdictional immunity of the state and property. This article tells relations of the state and enterprises in the system of jurisdictional immunity of the state and its property and what standpoint our country should take. From the present situation of our enterprises and others having no immunity,the article analyzes the reasons,which are rights of separating results that enterprises have no real independent law personality and the combination of government and enterprises results that the status of persons possessing ownership doesnot exist.At last,it provides that we should take measures.