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    題名: 日本憲法第九條爭議之研究 : 以法理爭議為中心
    其他題名: Research on the contention of ninth article of Japanese constitution : focus on the contention of the legal principle
    作者: 鄭素杏;Cheng, Su-hsing
    貢獻者: 淡江大學日本研究所碩士班
    許慶雄;Hsu, Ching-hsiung
    關鍵詞: 憲法第九條;法理爭議;放棄戰爭;自衛隊;日美安保;the Contention of Ninth Article of Japanese Constitution;the Contention of the Legal Principle;self-defense troops;US-Japan Defense System;憲法第九条;法理争議;戦争放棄;自衛隊;日米安全保障
    日期: 2005
    上傳時間: 2010-01-10 23:52:40 (UTC+8)
    摘要: 和平主義乃世界發展之潮流,而日本憲法第九條規定:「日本國民誠實希求以正義與秩序為基本之國際和平。永久放棄以國權發動之戰爭,以及以武力威嚇或行使武力,作為解決國際紛爭之手段。為達前項目的,不保持陸海空軍及其他戰力,不承認國家之交戰權」。更可謂劃時代之代表。
    Pacifism is the trend of world development, it states clearly in the Ninth Article of Japanese Constitution:「Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.」 which illustrate perfectly.
    But following with Korea War, Japan rearmed again, and it conflicts with what absolute Pacifism Japanese government takes in 1947 of performing Constitution of Japan: To give up every military forces of war, war power and war declare power as well as self-defense war. Existence of self-defense troops and US-Japan Defense System, is the contention of Ninth Article of Japanese Constitution for quite a long time. Though self-defense troops of Japan is not named as army, but the whole military structure and equipment could regard as the Armed-forces of Japan, this fact obvious against the second clause of the Ninth Article of Japanese Constitution – Do not keep any Armed–forces and other military forces. The stationed US-army stay according US-Japan Defense System, and the fact of all military supplies & facilities supported by Japanese government according to US-Japan Defense System, also against the Ninth Article of Japanese Constitution. Following the improving forces of self-defense troops and firmly of US-Japan Defense System, Japan becomes one of the powerful military countries in nowdays. Between actual politics and conflicts of against the Ninth Article of Japanese Constitution, how to solve or compromise becomes constant contentions in internal Japan. This thesis is focus on the contention of the legal principle as research object.
    Over half century, the meaning of peace in the Ninth Article of Japanese Constitution, is bonded by clause explanation and how avoid actual clashes. How to solve the contention of the Ninth Article of Japanese Constitution, to amend the Ninth Article of Japanese Constitution to allow to keep the military forces of self-defense should be workable. In now and the future of Japan, to be more active performance to show world peace, to gain wide friendship from other countries, to acquire certain support internationally, all leads to the first priority to do so.
    顯示於類別:[日本研究所] 學位論文


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