Research On The Jurisdiction Of Chinese Court On Civil Claim Cases For Compensation Against Japan

The war of aggression against China launched by the Japanese aggressors from1931 to 1945,which last for 14 years,was brought tremendous disaster to the Chinese people.The offense committed by Japan was not only a violation of Chinese national sovereignty,but also was a violation of the property rights and identity rights for the Chinese.For this reason,The victims in our country began to claims for compensation against Japan for 23 years.However,the lawsuits of Chinese victims in Japanese courts are extremely difficult.Because of the malicious evasion of the law of the Japan and the shield provided from the Japanese courts,the legal rights and interests of the Chinese victims cannot be protected as they should have and the Chinese victim have no way to a justice and fairness court decision.Such lawsuits has become an huge obstacle on the road for seeking fairness,justice and assurance of human rights for the Chinese victim.Because of this,initiating legal proceedings to the domestic courts in China has become one of the effective ways for the Chinese victims to protect the their legitimacy rights.At present,China has not confirmed its jurisdiction over civil claims cases for compensation against Japan.Apart from facing the obstacles from state jurisdictional immunity,it also be hindered by other reasons.This article mainly discusses the legitimacy and approaches for the Chinese domestic courts to confirm the jurisdiction over civil claims for compensation against Japan,in view of the difficulties and obstacles may faces in such cases.The first problem that the Chinese domestic courts faces in confirming jurisdiction over this cases was the question whether the plaintiff have the right to initiate personal compensation claims.The fact is that,only the Chinese victim have the right to claim for compensation in international law can the individual file a lawsuit in Chinese domestic courts in the name of himself.The second problem is whether the �national non-responsibility� advocated by Japan can receive recognition.Only by disproving this theory,can the Chinese victims have the opportunity to initiate claims against Japanese government in Chinese domestic courts.These two problems may hinder the confirmation of the jurisdiction over such cases in the Chinese domestic courts.Another problem is whether the Japanese governmentenjoys the protection of the state jurisdictional immunity.If the Japanese courts claims that the state jurisdictional immunity was exist,it will undoubtedly becomes a huge obstacle for Chinese domestic courts to confirm the jurisdiction over these cases and will be impossible for the courts to hearing these cases.By demonstrating the definition of the state jurisdictional immunity and conducting a discussion between the theory of the doctrine of absolute immunity and the doctrine of restrictive immunity,this paper intend to state that Japanese government cannot get out of the judgement in Chinese domestic courts according the doctrine of restrictive immunity.By exploring the approaches for the Chinese domestic courts to confirm jurisdiction over the cases to claim compensation against Japan and making an attempt to the building of legal system,this paper intend to find a new path to solve the problem in civil claims for compensation against Japan on judicature layer.At first,by introducing the reason why the Chinese civil claim cases for compensation against Japan arise and the difficulties that Chinese victims have met during the lawsuit of these cases,by stating the facts that Chinese victim seeking for the help of Chinese domestic courts under the situation that their reasonable claim cannot be supported in the Japanese court,this paper intend to summaries the present situation of the Chinese civil claim cases for compensation against Japan.Also,this paper will make an analysis about the difficulties that the Chinese domestic court have met during the process of confirming jurisdiction over the Chinese civil claim cases for compensation against Japan in three aspects.Then,by means of clarifying the irrationality of these difficulties and the possibility to overcome these difficulties in theory,this paper intend to set forth the rationality and the legitimacy for the Chinese domestic courts to hear these cases.Last but not least,this paper will discuss the ways for the Chinese domestic courts to confirm jurisdiction on legislation layer and judicature layer,in order to find the most effective and convenient method to remedy the legitimacy rights and interests for the Chinese victims.