英文摘要 |
Against the background of the rise of anti-globalization and populism, China has been frequently targeted as the defendant in the judicial practice of the United States, and the application of the principle of state immunity has become a hot issue in the circle of international law. The fragmentation of international law, the diversity of national cultures and the differences in the diplomatic practice of international law among countries all make most existing academic literature on state immunity lack effective interpretation in theory and applicability in practice. Consequently, the horizontal basic categories of law are helpful to shape the primitive dogmatics for international law characterized with uncertainty and openness. From the perspective of Missouri v. China case, the theories of subjectivity, ontology and operation of jurisprudence are beneficial for detailed analysis of the legal status of the defendant, the legal system of state immunity and the methodology of its application. Through the interaction between theory and practice, the double jurisprudence of international law reveals the practical logic of the politicization of the exception rules of state immunity as well as the legalization of international political issues. Based on the dual nature of state sovereignty, shaping of the academic and discourse systems on the problem of state immunity will help China formulate a diplomatic roadmap to deal with US abuse of its proceeding rights and powers against China, thus to safeguard China's lawful rights and interests, and make great contributions to international peace and security. |