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20世纪中叶,日本侵略中国所犯下的罪行罄竹难书,但由于各种原因,中国作为战争中的 胜利者却未得到任何赔偿,受害者个人请求赔偿的权利也迟迟未能行使。进入20世纪90年代 ,越来越多的中国受害者开始用法律主张自己的权利,这些诉讼在日本、美国和中国内地展 开,但都遇到了共同的法律问题。日本律师高木喜孝参与中国战争受害者在日本的诉讼多年,对战后赔偿诉讼中所涉的国际 法问题颇有研究,写有不少专著。本文专为本刊所撰,希望能对从事这类诉讼的律师们有所 帮助。此文的刊出,得到了中华全国律师协会副秘书长、国际部主任冯秀梅和副主任宋芮的 支持,特此感谢。──编者
In the mid-20th century, the crimes committed by Japan in its invasion of China were exhausted. However, for various reasons, China did not receive any compensation as a victor in the war and the individual’s right to claim for compensation was still delayed. In the 1990s, more and more Chinese victims began to claim their rights by law. The litigation was conducted in Japan, the United States and mainland China, but all encountered common legal problems. Japanese lawyer Koshio Takamoto participated in the litigation of victims of the Chinese war in Japan for many years. He studied quite a lot about the international law involved in the litigation after the war and wrote many monographs. This article is written for the publication, hoping to help lawyers engaged in such litigation. This article was published with the support of Deputy Secretary General of All China Lawyers Association, Feng Xiumei, director of the International Department, and Song Rui, deputy director of the International Department. I hereby thank you. ── Editor