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Author: LiuMeng
Tutor: XinChongYang
School: China University of Political Science
Course: Legal
Keywords: Japan Claims litigation State A responsibility Refute
CLC: D99
Type: Master's thesis
Year: 2009
Downloads: 103
Quote: 0
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Abstract


Post-war civil action for compensation against Japan war reparations between countries, it is the individual's claim for damages for the purpose of litigation. In recent years, China, South Korea and Southeast Asian countries, victims are victims of Japanese atrocities during World War II have brought to Japan around the court the \During the Second World War, women in the Philippines by the Japanese army prisoners, imprisoned and subjected to continuous rape and become the sex slaves of the Japanese. These women according to the Hague Land Warfare Treaty 3 and the clause contained in customary international law, international humanitarian law and the terms of the wrongful act of responsibility provisions in the domestic law of the Philippines and Japan, China and France, 709, 715, the prosecution of the Government of Japan request for compensation. The case that \lead to liability in accordance with relevant to explain the application of the civil law be excluded, that is applicable to 'country A responsibility' principle advocate of the plaintiff in this case harm behavior is an act of war of the Japanese army accompanying behavior, should be recognized as a strong public law color behavior. harm behavior in this case is true, but according to the 'country A responsibility' principle, the case shall the provisions of civil law, so the damage compensation to the plaintiff's request that the Court will not support. \A responsibility \In this way, \Most cases the plaintiffs are the victims from China, for example: the kidnapping of the Chinese labor Fukuoka litigation, Unit 731 germ warfare state claims litigation. This is undoubtedly a very harsh result for the plaintiffs. The so-called \For this purpose, this paper will be rejected by Japanese courts the plaintiff 's claim on the grounds one - \In this thesis, collect, collate different views on the \Based papers will be the point of view combined with the related case of the Japanese court, intended to study in Japan \. The first chapter of the thesis on the essence of \The second chapter of the main content of the paper is the creation and abolition of the State A responsibility \This chapter discusses the legal basis for State A responsibility \Chapter III of the main content of the paper is the author of \point of view.

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