美国国家豁免法的新发展及其对中国的影响

U.S Foreign Sovereign Immunities Law:Developments & Impacts

近年来,美国国家豁免法在豁免主体的认定和《外国主权豁免法》的溯及力问题上出现了重要发展,对中国在美被诉的个案利益甚至整体形势产生了实质性影响。中国的应对策略是:根据不同性质的案件重点采取不同的方法,即对于政治性案件,主要运用外交途径;对于商业纠纷,充分主张国家豁免主体资格;对于历史性案件,综合运用多种制度和规则摆脱美国法院的管辖。

In the past several years, the definition of ＂foreign states＂ on the ＂Foreign Sovereign Immunities Act＂ （FSIA） has been clarified and the retroactivity of the FSIA has been confirmed by the Supreme Court of the United States. These developments are so important that China＇s interests in irrespective cases and also the whole circumstances on the American courts have been substantially influenced. Through analysis on several specific cases, this article will elaborate the above-mentioned two developments and also their impacts on China, and in the end, put forwards some suggestions： different cases should be solved in different ways, i. e. , to count on diplomatic way to solve the political cases, to struggle for and cherish the status of ＂foreign states＂ in the commercial cases, and to employ every possible system and rule to break away from the jurisdiction of American courts in the historical cases.