In recent years, many Chinese victims of the Japanese aggression
during the World War II and their relatives have attempted to sue
the Japanese government for compensation and an admission of their
troops' role in various atrocities.
But the validity of these civil lawsuits has been questioned
from the very beginning. Two different interpretations of
international law give two very different conclusions.
Wang Xuan has spearheaded the campaign for the victims to get
compensation via civil lawsuits and has no doubt that their claims
have a firm legal basis.
At an event on December 21 at the School of Social Development
in Nanjing
Normal University, she described the ninth session of the
second trial of the Germ War Compensation Lawsuit in Tokyo, which
took place over the first 10 days of December.
During this session, Guan Jianqiang, an associate professor at
East China University of Politics and Law, stated the legal grounds
of the validity of their case.
The Chinese government signed the Sino-Japanese Joint Statement
in 1972, renouncing any claim for compensation from Japan for good.
This has been the main stumbling block for civil suits so far.
Guan said this has been a misinterpretation of the facts for
three reasons:
First, since 1945, most postwar treaties have divided
compensation rights into state and civil components. Guan said the
joint statement pertained to the Chinese state's right to
compensation?-- not the civil rights of its citizens to claim
compensation.
Secondly, according to China's constitution, for the government
to relinquish these rights on behalf of its citizens, it must get
approval from the National People's Congress (NPC),
which has never passed such a resolution.
Thirdly, with social development, individual rights protection
has increased rapidly. Many believe that some rights, including
that for war compensation, cannot be signed away by anyone at
anytime.
According to Wang, previous civil claims have focused on
politics, national spirit and emotions but rarely on sound legal
argument. She said that a rational attitude is needed, despite some
Chinese scholars trying to dissuade her from pressing further for
the claims.
Guan has written a book entitled The Legal Basis of the
Claim for Compensation Rights for Chinese Victims of Japanese
Aggression based on his research, which is currently being
reviewed for publication.
(Modern Express, translated by Li Shen for
China.org.cn, December 27, 2004)