Chapter 14 Wang Gong: Hope Chinese and Japanese youths "meditate" on Japanese compensation lawsuits——After reading "The Iron and the Plow"

Shame for thousands of years will eventually be snow. Zhongxingye needs talented people. It is difficult to break the strong arms of three households. How difficult it is to worry about the former philosopher. It is necessary to drive out the enemy and restore Shenjing, and return Yanjie. — Southwest Associated University Anthem I was born in 1929. My boyhood was full of ups and downs and national humiliation and disasters. China is so big that there is no room for a quiet and small desk.Regarding the Japanese militarism's invasion of China's territorial sovereignty and abuse of grassroots human rights, "let them kill and rob", I will never forget it in my life. In 1992, Representative Wang Lusheng and I boldly proposed two proposals on China’s private recourse to Japan for damages at the Fifth Session of the Seventh National People’s Congress. Over the past ten years, dozens of claims cases have been integrated into the international trend of compensation against Japan. Except for the defendant Japan, the Japanese Prime Minister, some politicians, some officers and soldiers who invaded China, and the "Historical Review Committee" and "Yasukuni Shrine Praise Society" have never seen a single Chinese or Japanese openly disagree, even if Mr. Ma Licheng and Shi Yinhong advocated Japan downplays history and does not specifically oppose it, which shows that justice still prevails in the world and people's hearts have their own justice.

In 2004, upon approval, the old man was ready to come back as a lawyer.I printed "Century of National Humiliation" on my business card as a warning.When I went to Beijing to participate in the grassroots reading of Sino-Japanese relations and litigation issues, Changjiang Literature and Art Publishing House published Yu Jie's book. There is no doubt that Yu Jie, born in 1973, has contemplated Japanese relations for a century and will surely lead Chinese and Japanese youths to contemplate the issue of Chinese grassroots suing Japan for compensation. Yu first quoted historian Guo Tingyi's words in "Modern China's Changes" (Taiwan Lianjing Publishing Company, 1987 edition): "Over the past two thousand years, China has done a lot to Japan, and what China has done to Japan is the greatest. Over the past hundred years, Japan has reported to China very coolly, and those who have done harm to China are the only ones. Although it cannot be said that all the pain suffered by China in modern times came from Japan, in fact, Japan has given the most and the greatest.” This is the Sino-Japanese The historical facts of the relationship cannot be concealed and justified.It is hard to understand why our neighbors always fail to turn over the blood-stained page of history, refuse to learn from history, plead guilty, and compensate, and often "reject the claims of Chinese war victims against the Japanese government or enterprises in litigation judgments." "Woolen cloth?

Yu Zhu pointed out that Japan's crazy plundering of China did not begin with the "July 7th Incident". This kind of plundering had lasted for more than 60 years before the "July 7th Incident". The first reparation in the nature of war compensation that Japan made to China was the reparation for the Ryukyu Incident in 1874. The "Beijing Treaty" compensated Japan with 500,000 taels of silver taels, equivalent to 650,000 silver dollars, in the name of "benefits", setting a vicious precedent for Japan to claim compensation from China. The second war indemnity China paid to Japan was the indemnity after the Sino-Japanese War.According to the "Treaty of Shimonoseki", China compensated Japan for military expenditures of 200 million taels of silver, which must be repaid in eight installments within seven years, of which the first 50 million taels will not bear interest, and the remaining 150 million taels will be charged at an annual rate of 5%. interest.In addition, in order to force the Manchu Qing to pay the indemnity within the prescribed time limit, Japan also sent troops to station in Weihaiwei, and China provided 500,000 taels of silver for its military expenses every year.

China's third war indemnity to Japan is Boxer indemnity.According to the provisions of the "Xin Chou Peace Treaty", Japan received 34.79 million taels of compensation from China's total compensation, 41.15 million taels of interest, and a total of 75.94 million taels of principal and interest.Boxer indemnities were paid until September 1937 after the outbreak of the Pacific War. In terms of war compensation, according to incomplete statistics, during the 15-year war of resistance, the direct property losses of the Chinese government and people amounted to 180 billion U.S. dollars, and the indirect losses exceeded 600 billion U.S. dollars.The failure to recover this huge sum of money is a huge loss for China under the conditions of victory.This is the disregard of China's due rights by the two superpowers, the United States and the Soviet Union, under the Cold War situation. At the same time, China's decision makers also have certain responsibilities for this.

After the war, China only received $25 million in compensation from Japan.From 1948 to 1949, the China Compensation Commission sent ships to Yokosuka, Japan to receive compensation materials from Japan 22 times, and returned more than 15,000 boxes of compensation materials, all worth 22.5 million US dollars.This figure is only 3/10,000 of the compensation demanded by the Chinese government. In contrast, other victimized countries in Asia have received more compensation.In the name of war reparations, Indonesia received US$800 million, the Philippines US$800 million, Myanmar US$200 million, and Vietnam US$39 million.Even neutral countries such as Switzerland, Sweden, Denmark, and Spain have received varying amounts of compensation for property losses. (Wang's note: Yu wrote the attached table: "Compensation obtained through 'struggle' by countries that are not legally eligible": South Korea 300 million US dollars, Singapore 25 million Singapore dollars, Malaysia 25 million Malaysian dollars, and Thailand 15 billion yen. Compensation for property damage received by "neutral countries": Switzerland 1.1 billion yen, Spain 2 billion yen, Sweden 300 million yen, Denmark 700 million yen. "Free economic aid" Mongolia 5 billion yen.)

As Yu Jie said: "It is inconceivable that the kindness and tolerance of the Chinese government have not won the understanding and gratitude of most Japanese people, but have become an excuse for Japanese conservative forces to erase war crimes. This is a case of Mr. Dong Guo and the wolf. A modern version of the story. The beneficiary's resentment and hostility towards the benefactor is the most evil side of human nature. Tokuma Utsunomiya, president of the Japan-China Friendship Association, would express the following words whenever he had the opportunity: If China asked Japan to pay 50 billion U.S. dollars in reparations, it would take 50 years to pay for it based on Japan’s economic capacity at the time. Paying Qing, it will definitely hinder the growth and development of the Japanese economy, and as a result, there will be no Japan today. This should not be forgotten.

Toshio Iriya, a Japanese social psychologist and professor of Tokai University, also pointed out in the book "Japanese Group Psychology": From the Meiji Restoration to the defeat and surrender, the humiliation Japan inflicted on the Chinese people at that time was indescribable, causing great harm to China. The material loss was beyond Japan's compensation at that time.If Japan had assumed responsibility for the war and paid China huge indemnities, it can be asserted that the rapid revival of Japan today would not have been achieved in any case, and this history must be admitted.

"After the end of World War II, the regimes of the Kuomintang and the Communist Party successively gave up the war compensation to Japan. However, the government gave up the demand for war compensation, which does not mean that the people also lost the right to compensation from the people." This is exactly what representative Wang Lusheng and I proposed The reason for claiming two motions against Japan.Litigation practice has proved: "In recent years, China's civil compensation movement has surged like a storm, showing the awakening of the Chinese people's national spirit and awareness of power, as well as the determination and courage of the Chinese people to refuse to forget and defend their dignity. The civil claim movement is unyielding, defying all kinds of obstacles and pressures, showing the true qualities of a hero in peacetime." But at the same time, there is also the problem that it is not the Shu Road but the difficulty of "claiming".Just as Yu Jie said: "Why is it so difficult for China's civil society to claim compensation? On the one hand, China does not have well-developed civil organizations and foundations to provide various support and assistance. The more important reason is that the Japanese side has been unwilling to face up to the Several issues left over from the war.” It should be pointed out that Japanese judges are loyal to the facts and the law for justice, and Japanese lawyers and progressive groups support the Chinese plaintiff for the dignity of the Japanese nation and the future. The Chinese grassroots will never forget it.Regrettably, the Japanese government has not yet realized that: "Without sincere repentance and actual compensation, there will be no firm peace and deep trust. This is a basic common sense and prerequisite for Japan's exchanges with Asian countries."

As for China, compared with capitalist developed countries, such as the Japanese non-government associations that support Chinese victims’ compensation lawsuits against Japan, it is also like the American "World Association for the Preservation of Historical Facts of the War of Resistance Against Japan". Such non-governmental organizations can exist in the United States, but they will not be allowed to exist in China." It is not allowed to establish non-governmental organizations and foundations to provide various support and assistance for litigation against Japan and maintain the historical facts of China's War of Resistance Against Japan. The sentiments of the people" Ahh.Isn't the Chinese Constitution the big book "Freedom of Association"?I firmly believe that a "people-oriented" people-friendly government will never go the other way.

The inspiration from reading Yu's works is that young people in both China and Japan should follow the example of Yu Jie, who is in his 30s, and meditate on how China and Japan will live together as neighbors in the future.This first step should be to promote the Japanese government and Japanese courts to no longer set up "barriers" to the compensation cases of Chinese injured plaintiffs.Taking the Judgment of Toshiyuki Suzuki, Presiding Judge of the Hiroshima High Court of Japan on July 9, 2004 as an example, it is welcome.Suzuki pointed out: "Forced labor is a serious violation of human rights." The first instance of this case "invoked the statute of limitations...seriously violated the principle of legal justice." This double "serious" judgment not only represents the seriousness of Japanese law, but also reflects the Japanese nation. The common "conscience" of the people.The kidnapping of Chinese laborers is a decision of the Japanese government.From August 1944 to May 1945, a total of 161 batches of 41,762 Chinese were taken into slavery in various parts of Japan. When Japan surrendered, 2,823 people died while being escorted, and 5,999 people were tortured and maimed to death.Only Nishimatsu Company kidnapped 360 Chinese laborers, and more than 20 of them died.According to Japan's fourth-instance legal system, I absolutely do not believe that the Japanese Supreme Court will overturn the Hiroshima High Court's judgment and finally rule that the Chinese laborers lost the lawsuit.

The biggest magic weapon for the Japanese government and the Japanese court to judge the Chinese victim plaintiff to lose the lawsuit against Japan is the 20-year "statute of limitations barrier".It is called "Time Wall" by the righteous people and lawyers of Japan.Today, this "time wall" has been successively abolished by the Fukuoka High Court in May 2004 and the Hiroshima High Court in July 2004. Could it still prevent Chinese victims from winning other claims in Japan? August 2, 2004 Panyu