On The Litigation For Damages Of Japanese Legacy Chemical Weapons

During the aggression of China,Japan developed and used chemical weapons in violation of international conventions,after the war abandoned large number of them in China,which rerults in Chinese people suffering a lot from this.In 1996,China began claims against Japan for the event of injury of the abandoned weapons.Regrettably,the Japanese side has always refused to take responsibilities for the accidents with various excuses.With the dismissal of the Chinese plaintiffs' claims in the second instance of the Tokyo High Court in 2007,the way victims were sought in Japan through judicial channels has been blocked.After the litigations went into trouble,we had to reflect on this transnational litigation.It is true that Japan is the initiator of a series of tragedies and should be fully responsible for the damage and loss caused by its actions,at the same time,the commencement of litigation has a very positive significance for supervising Japan's correct understanding of history and solving the post-war legacy.But in the case of hopeless claims against Japan,we can not help but think,in addition to litigation claims,the victims can also be helped through other means of the corresponding rescue? Because besides injury lawsuits of the legacy of chemical,the other civil claims against Japan also face helpless circumstances,we can not see the hope of winning in a short time.This paper first reviews the basic course of litigations in more than 20 years with Japan's legacy of chemical damage claim litigations as an example and summarizes the reasons why the current claims litigation are in trouble.Secondly,combining domestic and foreign scholars' related research results and knowledge,refutes the Japanese side' main points of escaping the responsibility of compensation.Finally,analyzes the prospects of litigations and investigates the victims' status quo.Based this,the author pointed out the rationality and urgency of the victims get domestic rescue.The author believes that the Japanese government's intention to escape the war and historical responsibilities is the root cause of the plight,but the lawsuits are also facing a series of other political barriers,which also brought difficulties to the litigations,objectively increased the difficulties of winning,making the victims get the compensation through the litigation hope is very slim,this paper will combine Japan's current national development strategy and the development process of Sino-Japanese relations to analyze this.On this basis,domestic rescue has its rationality and urgency in the case of civil claims went into trouble,in addition,this article also analyzes this from the victims' real situation and the meaning of litigations and other aspects.The author believes that it is very far and cruel and not desirable for the victims to get compensation only from the Japanese side.The author writes this paper in the hope of causing people to resonate,leding to the establishment of the domestic rescue mechanism for the injury of abandoned chemical weapons so that victims can receive more help early.