Study On The Legal Problems Of Chinese Victims' Claim To The Japanese Government In The Second World War

The Chinese victims'demand of reimbursement to the Japanese government is a historical problem which is left behind and unsettled after the second world war. In 20th nineties, the Chinese victims began to break silence and ask the Japanese government for apology and compensation. Taking a short look at the suits of recent years, the Japanese judicial institutions will assure the fact while ignore the legal liability in some cases. Otherwise, they will put emphasis on the financial compensation while ignore the official apology. In a word, they are inactive and indifferent to the damage claim of the Chinese victims.In the judicial process of the Chinese victims'claim to the Japanese government, the legal warranty on which the claim is based might be the most challenging problem we have met. Choosing this topic is both out of studying and responsibility. Based on the excuse that China has waived up the right to claim, Japan has the right of jurisdictional immunity or the prescription has passed, most Japanese courts reject the victims'claim and the lawful rights of Chinese victims could not be satisfied all the time.This article makes a study on the excuse system from both the view of theory and practice .It discusses compulsory labor suits firstly. By a combination of means of theory, cases, history, logics and comparison, it analyses the excuses'apply in the process of Chinese victims'suits, points out that this system is illegal. Then it concentrates on the ways to claim and suggests that internal jurisdictional relief and diplomatic protection should be offered.This article is divided into five parts. In the first part, it make a brief review about the history when Japanese government captured the Chinese labors and points out its illegality. At last it analyses some typical cases and makes a summary about main obstacles the Japanese courts has settled out.The second part mainly concentrate on the private recourse .Through the analysis of the difference between the official demand of reimbursement and the unofficial demand of reimbursement, it concludes the Sino-Japanese joint statement does not waive the individual's right of demanding reimbursement.The third part discusses the jurisdictional immunity in the claim toward Japan. Firstly, it concludes that the Japanese courts'attitudes are different through analysis of some cases. Then it points out the legal weakness of the jurisdictional immunity and denies the application of it. Lastly it analyses the application of tort law stipulation in Japan'civil law.The fourth part mainly discusses the application of the limitation of action .Firstly it makes a short statement on this topic. Secondly, depending on the judicial cases of the Japanese court, it classifies the claims into three kinds .Thirdly it analyses every kind of cases and points out the problem. At last it analyses the limited use of the suit period.Based on the analysis of the legal obstacle the Japanese court has set out, the fifth part puts emphasis on discussing probable ways to solve this problem.