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东京审判开始之前的1941年,中国国民政府就已经开始制定政策,着手收集日军侵华犯罪证据,整理日本战犯名单,为今后追究日本侵华战争责任进行了准备工作。然而,国民政府在证据资料主义的原则下虽然致力于收集符合法律程序并有着足够说服力的证据,但是出于混乱局势等缘故,直至东京审判开始之前为止,搜集工作并没有取得理想的效果。在此背景下,又加上美国对日本占领政策的需要,中国国民政府最终未追究日本天皇罪责,并对大量日本战犯采取了“宽大”政策,仅仅对诸如南京大屠杀事件中的日本重要战犯进行了“惩一戒百”式的处置,并期望以此促使日本人民对战争进行自我反省。
Prior to the Tokyo trial, in 1941, the Chinese government began to formulate policies, set about collecting evidence of crimes committed by China against Japan, arranging a list of Japanese war criminals and preparing for future investigations into the Japanese responsibility for the invasion of China. However, under the principle of evidence-based data, although the Kuomintang government was committed to collecting evidence that was in conformity with legal procedures and was sufficiently persuasive, the collection work did not achieve the desired result until the Tokyo trial began because of the turmoil. Against this background, coupled with the United States’ need for Japanese occupation policy, the Chinese government eventually failed to investigate the Japanese Emperor for its guilt and adopted a “lenient” policy toward a large number of Japanese war criminals. Only for Japan, such as the Nanjing massacre, The important war criminals conducted a “punishments of one hundred” type of treatment and hoped to urge the Japanese people to self-reflect on the war.