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Chinese Folk Day Claims Of International Law

Posted on:2009-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:X F GengFull Text:PDF
GTID:2206360245986227Subject:International law
Abstract/Summary:PDF Full Text Request
The Japanese army has caused severe harm to the Chinese people by committing war crimes such as non-discrimination bombing,using bacterial and chemical weapons,massacre,forced labour and the"comfort woman"system.Without any compensation from the Japanese government and relative enterprises for almost 50 years,these Chinese victims,typically represented by the former Chinese labours and"comfort women",sued to the Japanese court to claim a formal apology and compensation form the Japanese government and relative enterprises since 1995.The Japanese appellees,however,chosed to set up a series of legal obstacles to counteract the Chinese victims'claim instead of face the damage they have caused. These excuses confirmed by the Japanese courts'judgement are as follows:1.Claiming for compensation against Japan is an issue of international law,but natural persons do not have the claim right because they are not the subjects of international law.2.Alleging that Chinese government has formally abandoned all claims for war time demage through a series of international documents according to"the theory of framework of San Francisco treaty".3.Maturity of statutory period and"exemption period"for litigation by Chinese victims . 4.The principle of"the state bears no burden of pleading".Since excuse 3 and 4 are mostly related to the Japanese constitutional law and civil law ,these international law thesis will focus on disproving the first two excuses listed in the preceding paragraph in the view of the international law theory and practice and proving it is an uncontradictable right for the Chinese war victims to claim compensation against Japan.
Keywords/Search Tags:civil claim for compensation against Japan, individual claim right, the theory of framework of San Francisco Peace treaty, China-Japan Joint Declaration
PDF Full Text Request
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