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追究日本战犯的法律责任,是反法西斯盟国在对日本战争犯罪事实有着巨大共识基础上的共同主张、一致决定,对于维护战后和平、构建战后秩序起到了重要作用。东京审判不同于纽伦堡审判的突出之处,是战后美国单独占领日本,致使东京审判的各个环节,如战犯的甄别与抓捕、战犯名单的确定、天皇的处置、法庭成员的选派、法庭审判规则与程序,以及日本战争犯罪的起算时间等都受到美国的影响,甚至美国在某些方面发挥了决定性的作用。东京审判是反法西斯盟国有关处置日本的政策主张在日本无条件投降之后的具体落实,是国际社会对日本发动的侵略战争性质在法律上的确认,也是美国战后独占日本的合法性的一个具体要求。
Investigating the legal responsibility of Japanese war criminals is the common proposition of the anti-fascist allies on the basis of their huge consensus on the criminal facts of the Japanese war. Their unanimous decision has played an important role in maintaining peace in the post-war period and in building a post-war order. Tokyo trial is different from the Nuremberg trial is the highlight of the United States alone after the war the United States occupied Japan, resulting in all aspects of Tokyo trial, such as the screening and capture of war criminals, war criminals list to determine the disposal of the Emperor, the court members, the court trial The rules and procedures, as well as the timing of the Japanese war crimes, have all been affected by the United States. Even the United States has played a decisive role in some aspects. The Tokyo trial is the concrete implementation of the policy of the anti-fascist allies concerning Japan’s disposal of Japan after the unconditional surrender of Japan. It is a confirmation by the international community of the nature of the war of aggression launched by Japan. It is also a concrete requirement of the post-war monopoly of Japan by the United States .