The Legal Interpretation And Ban-lifting Progress Of Japan’s Right Of Collective Self-defense

In July,2014 and September,2015,the ban on the right of collective self-defense was lifted and Japan’s new security bills were passed successively in Japan.The lifting ban on the right of collective self-defense means a qualitative change of Japan’s purely defensive policy,which will strengthen its power in military action,an the meantime,the issuing and implementation of the new security bills will provide a solid legal basis on which the trend will extend.For a Japan,where politics is in the charge of conservative forces who deny its history of aggression,such trends will undoubtedly cause high concern and vigilance from its neighboring countries and international community.Based on legal theories and realistic situations,the thesis carried out a comprehensive discussion and analysis on the legal nature of the right of collective self-defense within the framework of international law and the domestic law in Japan,as well as its beginning and development after the World War Ⅱ,which is both with the theoretical significance in analyzing the legal characteristics,purposes of implementation and implementation measures of Japan’s right of collective self-defense,and with the practical significance in learning about the crises brought about by it to international relations.There are four chapters in this thesis.The Chapter One has elaborated and analyzed the legitimacy of the right of collective self-defense.This chapter at first interpreted the right of collective self-defense respectively from the perspectives of international laws and Japan Constitution,and proved that the Japan Constitution in prohibition of the right of collective self-defense and the international laws in recognition of it are not contradictory in nature in the end of the chapter.The Chapter Two discussed the development of Japan’s right of collective self-defense in history.This chapter at first discussed the five phases in which Japan’s right of collective self-defense was enriched in its basis for implementation,and then analyzed the interior and exterior impetuses in those phases.An analysis on the related issues to Abe Cabinet’s lifting ban on the right of collective self-defense was carried out in the Chapter Three,which interpreted Abe’s goal by doing that on three levels,refuted his cabinet’s seeking for lifting ban on the right of collective self-defense based on the concept of “limited tolerance”,and in the end gave an interpretation on the characteristics of the right of self-defense presented in the new security bills and its flexibility in implementation.The Chapter Four analyzed the impacts brought about by lifting ban on the right of collective self-defense.The means by which Abe Cabinet is trying to lift ban on the right of collective self-defense and some behaviors taken in the process that may undermine the legal order were criticized in the chapter,which highlights the viewpoint that the lifting ban on the right of collective self-defense will push Japan’s development in military industry by starting the “ally-developing-mode”,but will also go against the preservation of security and stability in Northeast Asia and South China Sea.In face of the worry brought about by Japan’s lifting ban on the right of collective self-defense,on one hand,we hope that Japan can persistently value peace,and on the other hand,while keeping Japan on the peaceful trace by negotiation and collaboration,we should also maintain a rational,powerful and moderate struggle.