How to understand the immunity of States and their property in international dealings 10

Legal Analysis: Diplomatic immunity is one of the diplomatic privileges, which refers to the granting of diplomatic immunity to each other by countries in accordance with the principles of mutual respect for sovereignty and equality and mutual benefit, in accordance with customary practices or relevant agreements, in order to facilitate the normal performance of diplomatic duties by diplomatic agents. The persons who enjoy diplomatic immunity in our country are:

Ambassadors, ministers, chargé d'affaires, counsellors, military attachés, secretaries of the third class or above, administrative and technical personnel of embassies, and their spouses and minor children living with them; Heads of state, heads of state, chiefs and other foreign heads of state who are invited to visit our country and others with the same status; Consular representatives and other consular personnel of various countries in China; Diplomats accredited to third countries of various countries passing through or temporarily remaining in our territory; Countries have sent our representatives to the meeting.

Legal basis: Regulations of the People's Republic of China on Diplomatic Privileges and Immunities Article 22 The following persons enjoy the necessary immunities and inviolability during their transit or stay in China:

1) Diplomatic representatives of foreign countries in third countries transiting through China and their spouses and minor children living with them;

2) Foreign countries holding Chinese diplomatic visas or diplomatic passports (only for countries with mutual visa exemption) coming to China**;

3) Other foreign persons visiting China who have been granted the privileges and immunities specified in this Article with the consent of China**.

Diplomatic couriers of third countries passing through China and the diplomatic pouches they carry shall be handled in accordance with the provisions of Articles 10 and 10.

Article 23 Heads of State, Heads of State, Heads of State and other persons of the same capacity who come to China to visit China shall enjoy the privileges and immunities provided for in these Regulations.

Legal Analysis: 1. Foreign heads of state, heads of state, chiefs and other foreign persons with the same status who come to China to visit enjoy diplomatic privileges and immunities.

2. Foreign diplomatic representatives in China and their spouses and minor children who are not Chinese citizens living with them, administrative and technical personnel of the embassy and their spouses and minor children living with them, and embassy service personnel.

3. Diplomatic couriers performing duties.

4. The treatment of foreign delegates to China to participate in international conferences convened by the United Nations and its specialized agencies, the ** and experts of the United Nations and its specialized agencies who come to China temporarily, and the representative offices and personnel of the United Nations and its specialized agencies in China shall be handled in accordance with the relevant international conventions to which China has acceded and the agreements signed between China and relevant international organizations.

Legal basis: Regulations of the People's Republic of China on Diplomatic Privileges and Immunities

Article 20 The spouse and minor children living with a diplomatic agent who are not Chinese citizens shall enjoy the privileges and immunities provided for in Articles 12 to 18. The administrative and technical personnel of the embassy and their spouses and minor children living with them, who are not Chinese citizens and are not permanently residing in China, enjoy the privileges and immunities provided for in Articles 12 to 17, except that immunity from civil jurisdiction and administrative jurisdiction is limited to the performance of official duties. The resettled articles brought in within six months after the arrival of the administrative and technical personnel of the embassy shall enjoy the privilege of tax exemption as provided for in the first paragraph of Article 18.

If the service personnel of the embassy are not Chinese citizens and are not permanently residing in China, they are exempt from the performance of their official duties and are exempt from income tax on the remuneration derived from their employment. The goods brought in within six months of his arrival are entitled to the privilege of tax exemption under article 18, paragraph 1. If the personal attendant of the embassy staff is not a Chinese citizen and is not permanently residing in China, the income of his/her employment shall be exempted from income tax.

Article 21 If a diplomatic agent is a Chinese citizen or a foreigner who has obtained the right of permanent residence in China, he or she shall enjoy immunity from jurisdiction and inviolability only in respect of the performance of his official duties.

Legal Analysis: Foreigners enjoying diplomatic privileges and immunities mainly include:

1. Ambassadors, ministers, chargé d'affaires, counselors, military attachés, secretaries of the third class or above, administrative and technical personnel of embassies, and their spouses and minor children living with them.

2. Foreign heads of state, heads of state, chiefs and other foreign heads of state who are invited to visit China and others with the same status.

3. Consular representatives and other consular personnel of various countries in China.

4. Business representatives who enjoy certain diplomatic privileges and immunities in accordance with the treaties or agreements signed by our country.

5. Diplomats of various countries stationed in third countries who pass through or temporarily stay in China.

6. Representatives sent by various countries to participate in the conference.

7. Countries send Kaixiao to our country's seniority.

Legal basis: Chasun Yun.

Criminal Law of the People's Republic of China Article 11 The criminal liability of foreigners enjoying diplomatic privileges and immunities shall be resolved through diplomatic channels.

The content of the immunity of the State and its property includes immunity from jurisdiction, immunity from litigation process, immunity from enforcement.

The specific inner only beam socks are as follows:

1. Immunity from jurisdiction, except with the express consent of a country, no other country may accept an action in which the country is the defendant or the property of the country is the subject matter;

2. Procedural immunity: In the case where a country waives immunity from jurisdiction and takes the initiative to file a lawsuit in the courts of another country, or voluntarily responds to a lawsuit in the courts of another country, the courts of other countries shall not take procedural compulsory measures against that country or its property without the consent of that country;

3. Immunity from enforcement, even if a country waives immunity from jurisdiction and takes the initiative to file a lawsuit in the courts of other countries or voluntarily appears in the courts of other countries, the courts of other countries may not take enforcement measures against the property of that country in accordance with its judgment without the consent of that country.

The characteristics of immunity are as follows:

1. Immunity is a professional privilege. Immunity is an exclusive right conferred on defense counsel by law;

2. Immunity is a procedural right. Immunity arises only in criminal proceedings and proceedings related thereto, and is not protected by the defence lawyer's personal conduct outside of his professional activities, as well as his or her speech;

3. The right of immunity is non-waivable. The purpose of immunity is to protect the legitimate rights and interests of the parties and ensure substantive and procedural fairness.