This topic is proposed by Ruan teacher in the course of the learning process, because I am in the previous study, have a certain understanding of the constitution of Japan ninth, therefore chooses this topic discussion. About ninth of Japan's constitution, the domestic research on writing a lot, a devoted to "for me the deepest impression of Zhejiang University doctoral dissertation, the Japanese Constitution of Ninth", sequence of events is very clear, organized.

"The Japanese Constitution" released in November 1946, 1947 May entry into force. The national sovereignty, basic human rights, pacifism is the "three principles of the constitution of Japan", the first constitution emphasizes the sovereignty of the people, promote the Mikado system, secondly the constitution expanded the basic rights and freedom of citizens, re Constitution clearly stipulates the Japan renounces war, deny the right of belligerent.[1]

 

A,Article ninth the contents of the constitution of Japan

The second chapter: give up war
Ninth Japanese nationals, justice and order, or tone and also for international peace and sincerity of hope, or a country, in case of animal rights in the war and, as in force and intimidation or force of exercise, or to solve international disputes, also by means and technique used, forever: terms at give up or down.
○ 2 the purpose of or as I will, in case of armed forces is the use of same in force, he used a technique for using the terms: by keeping. Country in war, Inc. to rights: terms that will it or two.

Article ninth[give up war, war power and belligerent rights denied] 
The Japanese people sincerely seek justice and order based on international peace, give up forever to the Kingdom's war, the threat of force or violence as a means of settling international disputes.  
To achieve pre project, do not keep the armed forces and other forces of war, does not recognize the belligerent powers.[2] [Microsoft Chinese 1] 

Because ninth explicitly prohibits Japan from having a military and enjoyed a belligerent power and the right of collective self-defense, limiting the revival of Japanese militarism, so this constitution, known as the "peace constitution".[3]

 "The Japanese Constitution" a total of eleven chapters one hundred and three, one of the second chapter of "war" to give up only ninth a, which shows ninth important position in the whole of the constitution.
Two.The Japanese ninth constitutional background and its effect

In 1945 September, Allied Occupation of Japan after the occupation of Japan, is responsible for the affairs of the allies the Far Eastern Commission and Macarthur led coalition headquarters in Tokyo gradually reconstruct the japanese.

In October 6, 1945, the State Council and the army and Navy USA jointly develop the SWN55/3 document, decided to separate personal of the emperor and Emperor Hirohito, then consider the new constitution.

In 1945 October, "the Meiji Constitution" revision work started.

The draft amendment to the Constitution in November 3, 1946, officially announced.

In May 3, 1947, after more than 1000 changes in the text, "the Japanese Constitution" formally into operation.[4]

After Japan's defeat in 1945, America occupied japan. Since a long time Japan's political, economic, military and other aspects of social life practice effective control in the American under. So the Japanese Constitution, but also in the America under the guidance of.

 Japan's new constitution from three principles of general Macarthur

1.     The emperor's head of state status, the throne hereditary. In accordance with the constitution to exercise the basic intention of emperor position and to comply with the provisions of the constitution of the people's.

2.     Abandoned as the sovereign rights of war as a means of resolving disputes, Japan renounces war as well as to maintain its security means war. Japan's position and protect the entrusted to the world today is about a lofty ideal. Do not allow Japan to have armed forces, does not give the Japanese army any belligerent rights.[Microsoft Chinese 2] 

3.     The abolition of the feudal system. In addition to the royal family, the nobility rights reserved only to the modern generation.[5]

     American was through ninth limit Japan, intended to prevent the rally, stage a comeback, while eliminating the allies, particularly in Asia the rise of Japanese militarism concerns, but USA government to one country's Private ReserveThe Mikado System[Microsoft Chinese 3] , leaving a legacy for the war and the subsequent liquidation history understanding problem in japan. The peace constitution is the result of comprehensive peace.

 Promulgated the pacifist constitution has great influence on japanese. It effectively curb Japan militarism, provides a solid legal guarantee for Japan to peace and development. Japan all have today of peace and prosperity, in addition to an international opportunities in the final analysis, is the implementation of this is known as the "Peace Constitution" code.[6]

Three.            Japan's constitutional activities

 The constitutional faction including many members of the LDP and some right-wing groups[7]. They think, now the constitution is restricted occupation in national sovereignty, overcome Guoqiang to Japan, the content is not consistent with the Japanese culture and traditions. Therefore, we must make fundamental changes to the constitution. For example: class a war criminals Kishi Nobusuke in twentieth Century at the end of the 50's, the Conservative Party in twentieth Century 60's and 80's Japanese Prime Minister Nakasone Yasuhiro have tried to express a constitutional amendment, the constitution article ninth the police system.[8]

1Constitutional and move to amend the Constitution

*1950 years, under the command of Macarthur, Japan began to rearm

*1952 Japan concluded "Japan US Security Treaty", a year after the establishment of the coastguard, will guard renamed security team, set up the Defense Department's predecessor guard

*1953 passed the "defense agency law" and "self defense force method"

*1954 and American concluded "Mutual Defense Assistance Agreement", in July the same year, the defenders to have the armed forces of the SDF, since then, peace constitution principle of non armed cease to exist except in name.

*1957 Kishi Nobusuke in charge of the regime, the peace constitution crisis further aggravated, one is the legalization of arms expansion, is to abandon the principle of two war challenge. The basic principle of "the Japanese defense policy", said the defense is to combine direct and indirect will invade nip in the bud, once appear, aggression, to be excluded, in order to maintain our country to democracy based independent and peaceful.

*1982 years, Nakasone Yasuhiro became prime minister, the cabinet put "final accounts" postwar political route.

*1986 years, the military budget quota is cancelled, the Japanese breakthrough defense fee not exceeding GNP1% area, the same year the Japanese breakthrough three principles of arms exports[9]USA, announced to join the Star Wars Program

*1997 passed the "Japan US defense cooperation pointer"

*1999 issued "the situation around the law", in which the surrounding situation is "the area around Japan caused an important impact on peace and security developments in Japan", which analyzed speculation or "peripheral" geographical scope has no meaning, because the proposed method is the meaning of nature on things, as long as the double play that influence on Japan, the Japan US military cooperation is about to start.[10]

*2001 years, the Koizumi Cabinet by "bill" terrorist countermeasure special measures, support America terrorism in afghanistan.

*2001 years, specially arranged for the revision of the constitution "the Constitutional Commission" to start, this indicates that the Koizumi Cabinet will be put on the schedule of constitutional

*2003 years the Japanese Senate passed emergency legislation act 3[11]

The seven bills including "National Protection Act", *2004 years, which means that the Japanese War legislation thoroughly complete

*2005 year in August the Liberal Democratic Party of Japan new constitution drafting commission 1 published for the first time the constitutional provisions of the draft of the revised constitution article ninth, article second "concern does not maintain power" is the comprehensive revision, become "keep guard to ensure peace and national independence and national security". 　

*2006 year in June, the Japanese government submitted to Congress will upgrade the defense agency of the Ministry of defense set the bill "". 12 months, the Liberal Democratic Party, New Komeito party and the Democratic Party and by an absolute majority of votes in the Senate passed the bill. In 2007 January, the defense agency was upgraded to a Ministry[12]

 The Japanese Constitution pace has not stopped, summarized from Japanese Constitution, has experienced four climaxes, the most serious is the age of 90 after a.[13]

2The constitution of motivation

* denied the history of aggression, Japan "name", intended to become the so-called "normal" state.

* to get rid of the peace constitution bound for self-defense, "name", become "guardsman"

* Change defensive military strategy, actively undertake area "defense"

* create an independent nuclear force, through the "three non nuclear principles"[14]

 The primary objective of revising the pacifist constitution article ninth is for the Japanese military Zhengming, abandon the SDF hat, to replace sb. Japanese army, land, sea, air self defense force will become an official armed forces, the variable name marks the essence of Japanese military forces will change fundamentally, Japan will be more intervention regional conflicts.[15]

 

3Factors restricting the Constitution[16]

1.     Japan's constitution stipulates that the ninety-sixth amendment to the constitution, need to have more than 2/3 members of Congress' approval by more than half the national vote by the emperor, and issued an imperial edict before implementation.

2.     The left opposition, mainly socialist. Japan's former House Speaker Newt Doi Takako and former Prime Minister Murayama Fuchi in March 12th in the SPD conference was officially appointed as the honorary leader of the party. Two people are in a speech to the general assembly, that prevent modification "eager" article ninth of the constitution of japan.[17]The socialist party, as the representative of the revolutionary force that Japan take the Democratic Peace Road, the core program is: in order to prevent the Japanese in USA leading to armed and become USA tools of war, the US Japan security treaty should be abolished.[18]

3.     The history of the "negative heritage" restriction. Historical issues has been plagued by Japan and its Asian neighbors, especially the bottleneck and Chinese with South Korea to trust each other, as long as the Japanese government does not change in history textbooks, persist in wilfully and arbitrarily issues official visits to the Yasukuni Shrine, wrong practices disregard international morality and invasions of national feeling, can not really eliminate the so-called "misunderstanding" Asia the state of war, the victim's forgiveness, into the Asia society.[19]

4.     Restriction of peace and development trend of the world. Peace and development remain the trend of the world, Japan as a regional power, conform to the trend of the times, take the responsibility, continue to adhere to the ninth article of the constitution, take the road of peaceful development? Or to be against the world, against the world general trend of peace and order, do that?

Four.            Article ninth of the constitution of the foreground outlook

 The pacifist constitution of Japan is only ninth now from the nominal limit[20]The process of amending the constitution, Japan is to break through the process of ninth, but the pace continues to move forward, never stop. Then, after Japan on ninth may also be how to change?

The first, Any interpretation of constitution, deliberate misinterpretation, playing word games. In 70, our school powerful now, constitutional sent by amending the constitution, then repeated use of distorted way.

Second. Set up his law, such as the revised law that Ashida, overhead constitution. As of 1999 September, Ozawa Ichiro in the "art spring" published "the Japanese Constitution correction test case" article, think to want to add a "the provisions of the preceding second paragraphs in ninth behind, not hinder Japan for the third force attack to exercise the right of self-defense and keep this war force" and so on, Japan have the right of self-defense excuses.

Third. Express constitutional amendment, from the front breakthrough, not out of the question.

Five.            Discussion questions

 1 through learning, talk about their views on the Japanese Constitution?

 

 

 

Reference.                            

[1] Jiang Lifeng, "the Japanese politics", the Oriental Press, 1995 edition. The call number: D731.30 BJ2

[2] Xu Wansheng, "the Japanese politics and foreign relations", people's publishing house, 2006 edition. The call number: D731.3 CX3

[3] Bao Xiaqin, chief editor Zang Zhijun, "changes in the Japanese politics and diplomacy", current affairs press, 2004 edition. The call number: D731.30 CB1

[4] Xiao Wei, "Japan's postwar national security strategy", Xinhua Publishing House, 2000 edition. The call number: D731.322CX1. Book information in appendix a large number of the original data, including the "Japan US Security Treaty", "basic principles" defense, "national defense program outline plan", "security declaration", "Tokyo declaration", "Japan US Defense pointer" etc..

[5] Zhang Guangyu, "after the cold war, the Japanese new conservatism and political right deviation", Peking University press, 2005 edition, page 108th. The call number: D731.3CZ3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1) the Anglo American academic views on the Japanese constitution article ninth

2) since the 90 constitutional amendment act and

3) the Constitution and protect the constitution political contest change

In Europe and the United States on the academic study of the Japanese constitution article ninth

                                                            

 

Topic two since 90 protect the Constitution and the constitutional amendment[21]

 After entering 90 age, rising Japanese Constitutional Theory, the constitution has become one of the most important political issue facing the Japanese government.

 After the cold war's constitutional climax in the Gulf war. "The $13000000000 event". Then in 1992 June, the Japanese parliament passed the "law of cooperation" the United Nations peacekeeping operations, the Japanese "foreign troops" have a legal basis. Although the reform the people strongly criticized the unconstitutional, but the Liberal Democrats have made a speech, that the revision of the constitution. Ozawa Ichiro published a book "Japan reform plan", clearly put forward the revision of the constitution. In 1994, a Yomiuri Shimbun organization "constitutional question investigation of the" proposed amendments to the constitution. In 1999 September, Ozawa Ichiro in the "art spring" published "the Japanese Constitution correction test case" article, reaffirms the constitutional claims

 The Liberal Democratic Party is firmly on the constitutional faction.

 The Democratic Party is the largest opposition party, is on the constitutional faction, but the Democratic Party and the Liberal Party after the merger, also advocated the constitution, because the Liberal Party is the most active school constitution.

 Civic Party is always the constitution protecting group, but after 90 years, protect the constitution position began to shake.

 Communist Party and Social Democratic Party to protect the constitution position, but weak.

 In 2002, "Yomiuri Shimbun" for members of Congress to approve the constitution survey, 77%, against the constitutional amendment 24%, request to amend the ninth 55%, the survey results show that members of Congress for more than half of the constitution.

 In the past the constitutional struggle, the vast majority of the intellectuals is standing in the constitution protecting standpoint, but after 90 years, ideological change, such as the original Misaki Sato Makotomiro of University of Tokyo, Professor Kitakaoka Nobuhito of University of Tokyo in the famous.

 The media "Sankei Shimbun" and "Yomiuri Shimbun" support the constitution, "Sankei Shimbun" the good campaign, "" the most active Yomiuri Shimbun. "Asahi news" and "Daily News" the constitution more cautious attitude, but also no longer blindly adhere to protect the constitution, and the constitution, the Constitution and on the basis of discussion.

 After 90 years, protect the Constitution and constitutional power compared to the gap is one of the reasons, constitutional climax at the same time, Japan's development, peace constitution has become the bottleneck for power, moreover, the external forces of Japanese Constitutional support also plays important effect.

  

 

 

 

 

 

 

 

 

 

 

Topic three Japanese party change[22]

  Fifty age1955: the socialist party and the Liberal Democratic Party was born, at that time, people generally feel the two major political parties in the arrival of the era, and the two parties strength gap in every election is narrowing. World War II ended early, the ruling Liberal Democratic Party, Kishi Nobusuke cabinet in the constitution, hardline approach arms expansion and the Japan US security issues to the people of the sense of unease, and stressed that "peace" in the socialist party in the national prestige keep rising trend.

  Sixty age: 60 years, the Liberal Democratic Party's national attention from politics to economy, the Japanese economy has entered a period of rapid growth, so the 60's were called the LDP's "golden age". But this time, the party began to fall, it is the pursuit of the opposition of the "opposition" status, especially in 1966 through the "Japan to the socialist road" program files, clear the left leaning. At the same time, the differentiation of the 1960 Democratic Party won the election in 1967, the Communist Party and the seats, the 1969 election and leap forward, and the basic invariant. Thus, the weakening, multi-party form provides conditions for the Liberal Democratic Party "party".

  Seventy age: the 1973 oil crisis, Japan's rapid economic growth in the end. The LDP's long regimeStructural corruption[Microsoft Chinese 4] Problems exposed, at the same timeParty factions struggle[Microsoft Chinese 5] "Government intensifies, same phenomenon". In this case, the Japanese political parties began to explore the possibility of the ruling coalition, but the parties diverge in the United policy, especially the party more intense, in 1976 also split out a social democratic union.

  Eighty ageThe 1980 election: Liberal Democratic Party unexpectedly won the majority in parliament, after the transition period Suzuki cabinet, the cabinet in 1982 Nakasone was in power for 5 years, put forward the "political power" goal, defense expenditures exceeded 1% and so on, in general, Japan in 5 years of diplomatic affairs take the good performance in 1986, general election, Liberal Democratic Party won an overwhelming majority.

  Ninety age: at the end of the 80's and early 0's, the Liberal Democratic Party "money politics" scandal was exposed one after another, once again led to the LDP split, which is the direct cause of the Liberal Democratic Party regime collapsed in 1993, the same year in August, founded the 8 party coalition government, Japanese politics into the perplexing, changing times and coalition government. After the party "and the longitudinal horizontal", in 1994 June by the Liberal Democratic Party, the socialist party, pioneer Murayama Fuji cabinet was born, the socialist party back to power, it had to change the previous policy, including the need to adhere to the US Japan Security Treaty, identity of self-defense, flag, National anthem. In 1994 December, new Ozawa Ichiro was established six party, has 178 members, become second only to the second party the Liberal Democratic Party, and the socialist party because the basic route changes, loss of half the number of mps. In 1996, Murayama resigned in trouble, the Liberal Democratic Party President, Ryutaro Hashimoto as prime minister. The same year, the socialist party changed its name to the Social Democratic Party, the "55 system" as has always been the greatest opposition Socialist Reform forces completely recession.