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Recourse To The Difficult Demands Of Justice And Dignity

Posted on:2007-01-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:F F GaoFull Text:PDF
GTID:1116360185478992Subject:China's modern history
Abstract/Summary:PDF Full Text Request
The Chinese civil claims against Japan campaign rose in the late 1980s, under a variety of changing circumstances, and have a full factual and legal basis. Japan's long-term war of aggression to the Chinese people which caused enormous human and property losses and serious trauma is the root cause of this claim; the progress of the post-war international humanitarian law reform and China's strong sense of right after opening up is an important precondition for the rise of the claim.In the early development of the claims movement process, intellectuals played an important role. Inspired by Western countries properly handle the issue of war reparations, the return of the role of intellectuals in China, first proposed and initiated civil claims, in exploring to construct a civil claim theory, while actively promoted the campaign, and ultimately become a public concerns and involved mass movements.Chinese civil Lawsuit against Japan claims, is an important phase of the campaign, also is a main manifestations. The lawsuit of claim for compensation is an important way that war victims consciously use the law as a weapon to defend their own legitimate rights, and also under the circumstance that Japanese government and enterprises ignore the interests of the victims, refused to fulfill liability; the victims make justice and necessary action. Lawsuit against Japan claims have types of slave labor lawsuit, comfort women lawsuit, bacteria warfare lawsuit, the fundamental aim is to pursue the war crimes of Japanese militarism, restore justice and dignity for the victims. Although the current litigation over more than one, but we can not underestimate the positive significance of the lawsuit. Japanese government and the court set numerous legal obstacles, making Chinese civil claim step towards Japan. At the same time, there are a variety of problems and difficulties to the litigation itself, but the real action to make progress, rest with the Japanese government's sincerity.The civil litigation rallied social forces from all aspects, form a participants group including plaintiff, lawyers, social activists, academics and other experts and volunteers. Different group's solidarity and cooperation, cooperate closely, take their own advantages in the lawsuit, and actively promote the progress of claims. Historical issues are the political basis of Sino-Japanese relations, civil claims against Japan as historical issue and war remains have became the main factor influences Sino-Japanese relations. Chinese government's stance and attitude to this campaign, showing two conflicting sides of macro and specific; Chinese people actively support this campaign.Japanese government and business hold stubborn stance and reject compensation, and then the Japanese right-wing are also strongly obstruct and sabotage; although Japanese court demonstrates relative independence, and can make some decisions in favor of war victims, however, generally disappointed; Japanese public movement and peace groups actively supported and participated in this movement, with the supports and participation from many Japanese people of a sense of justice and conscience, not only give great spiritual encouragement to victims, but also a prompt force to this movement. The smooth operation of the civil lawsuit against Japan which bring Sino-Japanese relations are not negative impact, but for the two sides relations toward a benign direction. Settlement of the compensation issue, not only for restoring justice and human dignity, but also an important condition for the international image of japanned itself. Only Japan make proper solution to the issue of compensation for war victims, can acquire the trust from international community, it can truly become the "normal state".
Keywords/Search Tags:victims of war, civil claims, lawsuit, Sino-Japanese relations
PDF Full Text Request
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