Post-war Japanese Folk Claim International Law Issues

World War II is an unprecedented disaster to human civilization, as a main battlefield in Asia, China is badly damaged in this disaster. The Japanese aggression war against China which lasts from 1931 to 1945 goes beyond the ethics of war, and breaks the limits of the war. It is more than a state-to-state military resistance, Japan violates the principles of international law and common war means, which brings the Chinese people severe damage to a sensational extent. As the leading organizer, planner and the war criminals, Japan must assume the responsibility of international law and the civil compensation to the victims.It is a post-war historical issue to be resolved that Chinese civil victims claim the compensation. The international conventions and international practice recognizes that the aggression country has the obligation to pay the compensation for personal property suffered from the aggression war. So do Japan's domestic laws like the Civil Law. However, some Chinese victims who suffered tremendous personal and property damage from Japan's aggression war have not received any apologies and compensation from Japan. With the awakening of Chinese people's awareness of rights and laws, the Chinese victims will consciously protect their own legitimate rights and interests by means of lawsuit.In the lawsuit process, the key issue is focused on the legal responsibility. Japanese government has been defending with the principles like "A country without responsibility" theory,"the claim lawsuit has already to surpass the limitation of action and the longest protection period of right","individual having no main qualifications for lawsuit " and "the Chinese Government having adopted the treaty to give up claims for the civil compensation", which were accepted by the majority of Japanese courts. It matters whether the victims can succeed receiving their compensation. Above all, it also matters whether justice can prevail and whether the world peace will be maintained. Therefore, it's an urgent task to have the Japanese government's defenses against compensation for the Chinese war victims researched,analyzed, exposed and refuted in terms of laws and cases.The study and analysis of the obstacles that Japanese government has made against Chinese victims' claims and the academic research of the legality and rationality of the claim may throw a light on improving international human rights law. At the same time, the theory and practice of Chinese victims' compensation claim shall definitely enrich the theory and practice of similar civil claim around the world. In view of this, my dissertation gives an all-around dissertate on the theoretical and practical basis of Chinese victims claim against Japan. And this dissertation also made full analysis and refutation on the Japanese-government-made obstacles against Chinese victims' claim. Besides foreword and epilog, the main parts of this dissertation is composed of the following four sections:The first section is on the historical background and the present status of civil claim. In World WarⅡ, Japan adopted brutal means of warfare, which violated International Law, to bring tremendous damage on China and Chinese people. One's right to claim for infringed right is the manifest of human right. Whereas,the Japanese government distorts relevant clause of the China-Japan Communique to refuse to indemnify Chinese civil victims on the ground of some unlawful treaty which is not ratified by Chinese government. In contrast, Chinese government expressly hold that Japanese government should envisage issues left over by the war. And there is an increasingly strong voice of Chinese scholars and international community calling for indemnifying. And Chinese civil victims are bringing suit one after another to claim damages. This section also elaborates the trial and verdict of the aforesaid lawsuit.The second section introduces in detail to the legal impediment of civil claim. Chinese war victims claim compensation by means of lawsuit, therefore, the legal basis in lawsuit becomes the key issue about victory and defeat under the condition that the majority of Japanese Courts have already recognized the fact. The Japanese government has established a lot of artificial obstacles for Chinese war victims, the answer reasons of the Japanese government include mainly: "A country without responsibility" theory,"the claim lawsuit has already to surpass the limitation of action and the longest protection period of right". "individual having no main qualifications for lawsuit " and "the Chinese Government having adopted the treaty to give up claims for the civil compensation".The third section concerns the comprehensive analysis on the demonstration basis and the principle of International Law about civil claim. From the definition of the International Law responsibility,the differences between national wars damage compensate and common civil infringement case,International Law treaty about the civil claim and some nations' law as well as the civil claim practice after two world wars, The author makes efforts to confirm that the Japanese government and relevant enterprises must assume compensation responsibility to the war victims according to International Law principle and practice. It is the inherent right of the war victims who demands compensation legally. Any country,organization and individual cannot infringe,deprive and give up the claim right of the victims.The fourth section is the key of this dissertation. The author considers deeply the settlements of the law obstacles about civil claim and brings the opinions to solve it according to the deeply analysis on the answer reasons of the Japanese government,the facts and the International Law principle, This section includes mainly: the illegality of "A country without responsibility" theory,"the claim lawsuit has not to surpass the limitation of action and the longest protection period of right","individual having main qualifications for lawsuit" and "the Chinese Government not having adopted the treaty to give up claims for the civil compensation". According to the analysis of the four parts, we find the Japanese government and enterprises have no legal basis to support the answer reasons, and they violate the principles and practices of International Law and go against the tide of the society developments. The Japanese government and enterprises should face the history and the facts and assume the responsibility in honesty manner, which is the right attitude and suitable pose.