The latest gathering of the highest legislative body in China, the Fifth Session of the Fourteenth National People’s Congress, concluded recently with some significant changes to existing legislative acts. With 161 members present, the quorum was easily met, facilitating the passage of numerous laws and amendments.
Perhaps the most significant legislative outcome of the session was the adoption of the revised Administrative Review Law, the modification of the Civil Procedure Law and the inception of the law on foreign national immunity. The last of these, set to become effective on January 1, 2024, is a comprehensive regulation of the foreign state immunity system. The law provides a legal framework for civil cases that feature foreign states as defendants and marks a turn away from the previous absolute state immunity policy towards one of limited state immunity.
Key features of the Law on the Immunity of Foreign States include principles and exceptions concerning the jurisdictional immunity of foreign states. The law allows for the release of foreign state property from enforcement measures using established principles and exceptions. It also contains the principle of reciprocity. China will offer the same immunity regime to a foreign state that it receives from that state.
Additional revisions made involve the Administrative Review Law and civil procedural law. The former aims to enhance protective measures around administrative control and duty enforcement while the latter focuses on issues of geographic jurisdiction in cases involving foreigners.
Lawyers from China’s special regions, Macau and Hong Kong, received permission to practice on the mainland of China in the Greater Bay Area with special licenses. During the session, a joint extradition agreement with Ecuador was also ratified.
In conclusion, the session tabled some significant changes to China’s legislative landscape. These changes reflected the Congress’s commitment to refining legal processes and also in fostering collaboration with international jurisdictions. Additional details on the outcomes can be found in the comprehensive report on Jurist.