| In the August of 2003, leaking chemical weapons abandoned by the Japanese killed one person and injured 43 in Qiqihar, Northeast China's Heilongjiang Province, as is named "Incident Aug. 8 ". The incident and the following lawsuit for damages strongly attracted the people's attention. Because of the awfully harm of the abandoned chemical weapons, the concerning suit is quit different from the former ones ever listed by the Chinese people. This article discussed the problem about the cases for the damages of the calamity committed by another country to the native residents, backgounded in "incident Aug.8"and other incidents by the leaking chemical weapons abandoned by the Japs. The article included the knowledge about the law of war, the law of procedure and the diplomatic relationships between countries.Many scholars studied the problems about the war reparation, but few of them quested for the problem from the dimension of law. Some of the jurists discussed the problem limited in the domain of international law, emphasizing how to pierce through the obstacles of the prescription and so on while ignored the subject of the lawsuit. The center of the article is just the construction of a new-styled subject of the lawsuit. At the same time, both the government, as the represent of the public, and the corporations of lawyers, as the necessary assistant power, should support the new-styled subject without hesitation. As is to be, the formation of the reciprocal affinity is the best result.Firstly, the author introduced the fundamental concepts about the compensation for damage rendered by the war, pointing out the specialty of the problem. Secondly, the author discussed the importation of the reconstruction of the subject in the lawsuit of war compensation. Thirdly, the author anglicized the development of the NGO (Non Governmental Organization) in China, showed the possibility of the reconstruction of the new-styled lawsuit subject. Finally, the author emphasized the necessary role of the government and the lawyer corporation.All in all, the subject of the lawsuits can be oriented as a perpetual complex plurality, which is cored by the victims, assisted by the lawsuit assistants and supported by the native-country's law and policies. Of course, there is still a long way to the ultimate completion of the model due to the imperfection of the laws of our country. |