Abstract: Overseas military bases play an important role in safeguarding national strategic interests. As a special form of international servitude， modern overseas military bases do not have the infinite legal rights of extraterritorial powers and the legal status of an embassy's fictitious territory. Overseas military base construction should be based on the international law supported by hard and soft laws. In addition to the domestic law authorization， countries should sign clearly the rights and obligations via mutual agreements. Overseas military bases have limited autonomy and restrictive immunity， but the receiving countries enjoy some sovereignty and the corresponding price of the premise should be paid punctually. Through the establishment of the basic law of the sea and other domestic laws and the recognition of the principle for restrictive national immunity， it may provide the legal basis for the construction of China's overseas military bases.

Key words: overseas military base, international servitude, restrictive immunity