国家行为原则与主权豁免关系之实证分析

国家行为原则和主权豁免理论是国际法中十分重要的理论和实践问题,其适用与否直接关系到国家和当事人的利益.但是,两者极易混淆.国家行为原则的基本内涵和理论基础决定了它与主权豁免理论既存在密切联系,又存在本质区别.美国的司法实践活动揭示出绝对豁免主义和限制豁免主义对国家行为原则的产生和发展产生了重大的影响.

The Practical Analysis on the Relationship between the Act of State Doctrine and Sovereign Immunity

Both the act of state doctrine and the theory of sovereign immunity are important theoretical and practical problems in international law,whose applications are directly related to the interests of country and privy.However,they are easily to be mixed up.The basic concept and its rationales of the act of state doctrine partly account for the intimate relationship and fundamental deference between it and the theory of sovereign immunity.The judicial practices of American courts also show that the doctrine of absolute immunity and the doctrine of restrictive immunity have great influence on the development of the act of state doctrine.For the need of international communication,scholars should pay much attention to this question,and the legislatures should make the relative statute to give direction to the judicial practice in China.