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国家豁免关涉一国在它国的尊严和国家利益,对一国影响甚巨。过去对国家豁免的研究主要集中于判决前管辖豁免阶段。但是国家不仅享有判决前管辖豁免,同样享有判决后执行豁免。本文将从三个方面来介绍判决后执行豁免,第一是联合国国家豁免公约所采取的限制豁免态度。第二是执行中如何界定商业性用途财产。第三是被执行财产与诉讼的关联性问题。
State immunity relates to the dignity and national interests of a country in its own country and has a huge impact on a country. In the past, the study of state immunity mainly focused on the phase of jurisdictional immunity before the judgment. However, the state not only enjoys the pre-judgment jurisdiction immunity, but also enjoys the exemption after judging. This article will introduce the implementation of the exemption from judgment in three aspects. The first one is the restrictive exemption adopted by the UN Convention on State Immunity. The second is how to define the commercial use of property in the implementation. The third is the issue of the relationship between the executed property and the lawsuit.