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Who enjoys immunity from civil jurisdiction in civil actions?

Updated: 2019-06-20

According to Item 2 of Article 14 of the Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities, a diplomatic agent shall enjoy immunity from civil jurisdiction. For example, the people's courts of the People's Republic of China are not allowed to accept civil actions against a foreign diplomatic agent in China or their spouse and under-age children that form part of their household.

A diplomatic agent shall enjoy immunity from civil jurisdiction, except in the case of:

(1) when his competent authority expressly renounces judicial immunity, the resident court shall have the right to accept the civil action brought against him;

(2) the action relates to real estate in China with which he is involved as a private person;

(3) an action relates to succession in which he is involved as an executor, estate administrator, successor, or devisee as a private person;

(4) an action relates to activities outside the scope of official business or to commercial activities in which he is involved within the territory of China;

(5) an action relates to an accident caused by a vehicle, ship or aircraft within the territory of China in which he is involved;

(6) he initiates the action, thus causing the other party to respond.


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