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最高法就《关于涉外国国家豁免民事案件相关程序事项的通知》答记者问
Yang Shi Wang· 2025-03-26 10:04
Group 1 - The Supreme People's Court issued a notification to better understand and apply the Foreign State Immunity Law, which officially took effect on January 1, 2024, reflecting China's evolving foreign relations and legal framework [2][3] - The notification outlines procedures for civil cases involving foreign states, including acceptance, centralized jurisdiction, service, and review of jurisdictional immunity [3][4] - It emphasizes that civil lawsuits against foreign states are generally not accepted unless specific exceptions are cited, requiring plaintiffs to specify the legal basis in their filings [4][6] Group 2 - The notification establishes that civil cases involving foreign states as defendants or third parties will be handled by intermediate people's courts with jurisdiction over foreign-related civil and commercial cases [3][5] - It mandates that if a foreign state raises a jurisdictional objection, the court must not only assess the validity of the state's claims but also conduct an independent review of whether the state enjoys jurisdictional immunity [6]