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在国家豁免理论上,有绝对豁免论和限制豁免论两种学说,前者是认为只要是国家从事的行为都应理所当然的享有豁免而不论其行为的性质、目的为何;后者则认为只有国家从事的主权行为才能享有豁免,而商业行为则不能享有豁免。近年来,随着国际经济的发展,越来越多的国家开始采用限制豁免以保障私人利益。本文在说明限制豁免权的含义和理论依据的基础上,回顾了该理论的形成与发展,并总结了公约和国内法的有关规定,说明限制豁免论是大势所趋。
In the doctrine of state immunity, there are two theories: absolute immunity and limited immunity. The former holds that the purpose of immunity is granted as long as the acts carried out by the state are granted, irrespective of the nature of the act. The latter holds that only the state is engaged Of sovereignty in order to enjoy the exemption, while the commercial act can not enjoy the exemption. In recent years, with the development of the international economy, more and more countries have begun to apply restriction exemptions to protect their private interests. On the basis of the explanation of the meaning and theoretical basis of the limitation immunity, this article reviews the formation and development of the theory, and summarizes the relevant provisions of the Convention and the domestic law, which shows that restriction immunity is the trend of the times.