Research On The Legal Issues Of China's Civil Claims Against Japan

April 27, 2007 Japan's Supreme Court rejected five Chinese workers a day after the lawsuit against China, China's civil claims to Japan's academic research, significantly less enthusiastic than in the past. The author in the possession of 100,000 volumes(pieces) of the world's unique work of the Japanese invasion of China archives department for many years, with the current occurrence of "Wei in the case of the ship" and "Mitsubishi workers reconciliation case" and other hot cases for China's current and future The Japanese civil claims for a deep thinking.From the first case of China's civil claims against Japan in 1995, Wang Junjie: "On the plight of China's civil claims against Japan and countermeasures", contained in "Journal of Sichuan University(Philosophy and Social Sciences)" 2014 the sixth period, P. ] Has more than 20 years later, the Japanese civil claims legal practice has gone through more than 20 years. Chinese scholars believe that the usual meaning of "civil litigation against Japan" refers to the Japanese army and related enterprises during the war of aggression against China(1931-1945) in violation of international law and humanitarian principles of serious crimes and personal, Property and spirit of the Chinese victims or their survivors, the perpetrators of the Japanese government and related enterprises, and asked them to compensate the victims and bear other civil legal liability of civil proceedings. The author starts with the common concept of civil claims in Japan and expounds the general theory of the concept of civil claims in Japan. The author tries to put forward his own viewpoints and points out the connotation and extension of the concept. Japan's civil claims refer to the Chinese victims or their survivors in the 1931-1945 war, during the Japanese invasion of China, because the Japanese government and related enterprises to implement the illegal(including violations of humanitarian principles, international law and other good law) behavior Was infringed, resulting in personal and spiritual, property damage, in the post-war requirements of the Japanese government and related enterprises for their compensation. Through this concept, the "Wei River in the case of the ship" into the Japanese civil claims in the grand vision of further consideration, so as to the traditional sense of "civil claims against Japan," bring new reference.In the past civil litigation cases against Japan, the Japanese side painstakingly set up a number of obstacles, including: advocates "the Chinese government has abandoned the claim" to "no answer" as a reason that we filed the proceedings "more than Litigation time limit " to " individual shall not invoke the international treaties against the injured State claims for damages " rejected the request, in addition, they will be directly inadmissible.These practices and so-called defenses constitute the fundamental legal dilemma of Chinese civil claims against Japan so far. The author analyzes the reason of these refusals, and refutes their views one by one. Then, the author analyzes the case of "Wei Wei Boat" and the settlement of Mitsubishi, and expounds the meaning and revelation of the two cases to our country. Summed up the three models of civil claims against Japan, that is, civil claims against the Japanese, "Wei in the case of the ship" and the recent Mitsubishi and China to achieve the settlement of injured workers three models, and then put forward the views and specific countermeasures : In the current civil action against Japan has been basically closed the case, the copy of the "case of Wei River" there is a big difficulty, "reconciliation" path has just begun, to reproduce again, "the case of Wei ship" as the goal, Continue to explore the "reconciliation" of the road, trying to break through the more stringent customs in Japan on the civil litigation of civil claims in Japan, take the easier, deepen the evidence of historical data, timely advance, key breakthrough road.