浅谈对日民间诉讼的国际法问题法学学士.docVIP

Abstract Since 1980s, China folk have risen to lodge a claim against Japan. Chinese government gave up the war claim to Japan for its friendly purpose when these two countries established the formal relations that does not affect too much on the individual’s right to claims. The lawsuit of Chinese civil to Japan is lawful with the essense thar it is a kind State Compensation from the victims in the war of aggression against China. Therefore, Japanese court should be justice to these cases. Meanwhile, the Chinese government should get involved in this matter in order to solve it easily and quickly basing on the rules of international law. Japan right-winger’s on-going campaign to reverse the outcome of Japan’s invasion of China have not only caused the rage of the victims and the victims’ families, but caused the rage of all peaceful people in the world. Those people want to give utterance to his rages which represses his emotions for such a long time. And whar’s more, the litigation to Japan government should be regarded as a rational struggle for civil rights, national dignity and the world peace. According to the analysis of the Japanese Court judgments to the lawsuit, it focuses on retorting their wrested reasons and legal principle which Japanese think they come from facts. And this paper will introduce the war of aggression of other countries in international practice. Then it will discuss the feasibility of folk action mechanism with our government concerns about the developments and status of this lawsuit Key Words：folk litigation；individual claim；limits of action；state compensation 浅谈对日民间诉讼的国际法问题 近年来，随着我国对日民间索赔案件数量逐渐增加,日本在第二次世界大战期间因为战争犯罪而引起的民事赔偿责任开始引起了全社会的关注。但是由于种种原因,至今中国原告没有在一起对日诉讼案件中获得完全胜诉。日本先是以歪曲中日联合声明内容来逃避中国对日民间诉讼，进而又在个人请求权、诉讼时效等方面设置重重障碍，阻止对日民间诉讼的正常进行。随着日本右翼分子对侵华战争的不断翻案，对日诉讼已经不仅是受害者及其亲属多年压抑心理的一次宣泄，更是中国公民为全世界和平、为人权和民族尊严而进行的理性斗争，而且在法律上锁定了侵华战争的历史，不容否认。本文将从国际法角度对目前提起的对日民间索赔案件进行法理分析，并针对日本法院驳回原告诉讼请求的理由和依据予以剖析解读，以求分辨是非曲直，澄清责任。 一、我国对日民间诉讼的争议由来 1972年9月25日至9月