Research On “Peace Rights” Base On Article Ninth Of Japanese Constitution

After the Second World War, Japan formulated the "Peace Constitution", it is a passive acceptance of legal transplantation under allied forces of the Sec World’s strong military pressure, but more important is Japanese people are searching for peace. The constitution has experienced quite a tortuous process; this process is in other country’s participation in the internationalization of the constitutional process, is also a universal constitutional process. The constitution renounces Japanese people never go to war and maintain military force, it confirmation Japanese people have the "peace rights" in the sense of constitutional law, and established the constitutional review system to protect it.Pure from the perspective of constitutional law norms, "peace rights," the first word contains the basic expectations of peace, and based on the "right to life" to enjoy the value of property rights, so briefly the " peace rights" is defined as "people live in a peaceful environment right ", referred to as" human rights for peace. ""Peace rights" based on human rights’ essential value are expressed through the "right to life", as a constitutional right is endowed with citizens, with property right of resistance value of social solidarity, is to protect the citizens have the right to live in a peaceful environment, only have minimum national defense military forces, and require the nation do not implement the act of war. Although "peace rights" are written in Japanese constitution, but in more than 60 years, the revision of the constitution’s voice has not stopped, including the native Japanese right-wing forces in the promotion, also have USA global strategy, which experience three periods: retro revision of constitution period; slowly advancing revision of constitution period; new path revision of constitution period. As of today, although Japan’s "Peace Constitution" provisions have not yet made changes, but Japan has largely returned to "the right of war”, into the specific legal operation stage by overhead the Constitution. Throughout the Japanese authorities’ actions, they infringe citizens’ "peace rights", and violate Japan’s "peace constitution"."Peace rights" as a third generation of human rights with typical, representative, universal nature, has obtained in a series of international legal documents. Putting "peace rights" into the citizen constitutional right system in conformity with the provisions of the Charter and international treaties, is also in line with the <UN Charter> of force of the principle of prohibition, provide the theoretical basis of individual sense to solve international disputes by peaceful means. At the same time, peaceful environment has an important significance for the citizens "right to life". The value of "peace rights" based on human rights is every citizen should have rights in constitution, to fight an unjust war power. It require nation try his best to solve international disputes peacefully, and only retain a certain degree of self defense forces. In order to guarantee in the constitution of the "peace rights" is not empty talk, whether it can be converted to a reasonable set of real rights depends on national constitutional system, we can try to use the method of constitutional amendment in the legislation, to provision basic content of "peace rights" and determination constitutional position; The establishment of judicial review of constitutionality, make the citizen have "peace rights" to resist the violation by the constitutional litigation to get judicial remedy. Why take judicial review of constitutionality mode? Because judges’ professional can ensure the authority and efficiency of the of the judicial review of constitutionality, on the other hand, a large number of successful foreign precedents also proved the judicial review of constitutionality mode feasible.