For Mei Ru-ao, if not for that chance to participate in a large field trial of the famous Tokyo, most likely trajectory of his life is with other those from the National Government to accept the same old job who was not grinding wheel of history in China the depths of human memory; chance today if not for the regime to transfer to the Japan card to consolidate China's political status of social contradictions, it is difficult to do Mei Feng Yu Ao women are remodeling became a national hero, and even the big screen Today the Chinese people into the line of sight (look at the anti-Japanese armed forces meritorious generals fortune in mainland China, we can understand this).
First of all, Mei Ru-ao is a professional legal scholars, is also a traditional patriotic intellectuals. This is determined that his body could not reconcile the interpretation of many tragic paradox: on the one hand, with his aptitude and the experience of studying in the U.S., the National Government which he was fluent in English and American legal systems, the technology and program of the best legal experts; the other hand, his body of traditional Chinese thinking patriotic intellectuals limitations make him unable to understand and master the most Anglo-American legal system, the origin of the concept and the rule of law, he can only Anglo-American legal system to buy a casket-like putting the cart before Pearl also interpret. when judicial independence, procedural justice, challenge the principle of neutrality of judges read the legal knowledge and his generous patriotic feelings of the conflict, he gave up professional integrity, a good long Anglo-American legal system Ye.
Second, Mei Ru-ao lifelong desire to ), but it is this extreme patriotism, to his aggravating questions more than the negative effect of large trials to the justice of Tokyo, fairness thoroughly discredited, the pain of today's Japanese sense of shame left Tokyo Trial can not make up for big regret and drifted.
Third, and Most of the intellectuals of that era, like Mei Ru ao intention is to stay away from the political whirlpool, and concentrate on studying his beloved legal knowledge, and thus serve the nation. However, that time itself is impossible to determine outside of a life skills the ivory tower and a peaceful place for his desk. internal and external problems facing the country, finally broke his focus on law's dream. In his disappointment at the corrupt and incompetent Nationalist government choose go over the new regime, the reality makes him get down . endless political turmoil, not only the knowledge of his drip-free use, in the He Qinhua words, this time the legal profession, Mei Yu ao crotch fleas, not only useless, but annoying (2). to this day, as the international political and diplomatic needs, Mei Ru-ao, and that a large field trial of Tokyo the struggle against Japan was again the ace as a tool to push the front, so his sorrows and joys of life to mark the beginning of an ending no full stop.
Mei Ru-ao in order to restore as well as his participation in that field over to the real Tokyo Trial historical appearance, the following I will own the information collected some of the facts come out section summarization and description of each to comment.
. Why Mei Ru-ao large as the Tokyo trial judge
in China as the Tokyo Trial Chinese judges before, Mei Yu-ao has been engaged in university teaching of English and American legal profession, not as a judge in a court trial for the specific experience and qualifications. Moreover, when only 42 years old Mei Ru-ao, a number of law in the National Government talent among the capacity of qualifications, not necessarily outstanding. this point, the son of Mei small ao, once said: , recommended to the national government on behalf of my father, a Renyuan Dong China International Military Tribunal of Justice reputation and not looking the best candidate, Far East International Military Tribunal) at the beginning, had the honor to inform the secret surrender of the nine countries involved in the Japanese government to participate in their selection of a trial judge (India and the Philippines was not yet an independent country, so India and the Philippines into an additional judges is the last The number of judges will become eleven). Moreover, the court proceedings will be based on common law purposes.
left behind, according to Mei Ru-ao the Tribunal Charter, the court the Department of all procedures to be used two languages, namely English, and the defendant can understand the language of Japanese. hh judges meeting, we are all speaking in English, the English judge does not know by his own portable translation. In fact, because the Department of English and American judges in the Far East accounted for the majority of the members of the International Tribunal, it did not produce great difficulties. Britain, the United States, Canada, Australia, not wait for the new solid theory, namely India and the Philippines, due to the long the Anglo-American colonies under the rule of higher education are conducted in English, so the judge not only the two countries speak English, and they received, or the Anglo-American School of legal education. As in France, the Netherlands three countries, they are not in English countries do not belong on the Anglo-American legal system is the so-called mainlanders to send it (which is to compete with the Anglo-American school principal legal systems of the world to another), but the judges of the three countries but can speak English, while the common law procedure have considerable understanding. This is because prior to the formal establishment of the court far, arranged the Japanese occupation and control of the U.S. government Bianxiang the surrender of the Confederate government the sake of greeting. In October 18, 1945 On this day, the U.S. State Department gave The surrender of a country's embassy to send a secret very long note. note elaborates on the handling of Japanese war criminals in the United States Government to listen to the various policies and measures. For Class A war criminals, Supreme Allied Commander note that Tokyo will organize the Far East County International Tribunal to be tried, and invites the Government is prepared to put forward candidates for judges of the Supreme Commander to be appointed. and expressly note: The candidates put forward their best but the allies who can recommend English-speaking legal experts. No doubt this note Several non-English speaking countries in that judges consider the impact occurred. was sent by the Chinese government is one of America for many years, who received a doctorate of law professors in China who have many years of common law (ie, Ao Mei Yu. I note). (4) As a result, studies the United States, and has long engaged in teaching and research work of common law Mei Ru-ao became a prime candidate for this task.
but also proved that despite years of Mei Ru-ao is not high, the school implementation of civil law in China will have a hard Dayong, but he's our common law, when the person he really is incomparable.
read Ao Mei Yu left the He put aside those who are overripe fine Syria in the chest, until today, still full enlightenment as a common law standard curriculum to hot pursuit. So Mei Ru-ao as a legal technology talents, participate in its common law as a central theme of the Tokyo trials, it is no one was out of his right.
here, I need some eyes that point is: Tokyo Trial is a large common law as the legal basis for the trial, otherwise, to participate in this historic gathering of law to Mei Yu ao not have copies. This is, for people today purely from the perspective of legal norms to examine a large trial of a non-merits and demerits of Tokyo, also has considerable practical significance.
II. Why Tokyo Big Trial is a political farce
the end of World War II, Japanese Emperor Zhao Gao to unconditionally accept the level, how the Allies to punish Japanese war criminals do?
nothing less than the two possible ways:
First, as the hero Yang Zirong the same, with 老鹰抓小鸡 way to level from the neck collar Luan quasi-back of the head of principle to delay the trial was
Second, respect the spirit of modern law, in full accordance with due process, Chao said to occupy the moral victors justice and fairness, leaving shining example for future generations.
point to note here is: As Japan is the Choose the unconditional surrender, then, regardless of which of the Allies was a way to choose the punishment of war criminals, the Japanese have only fancy the cut were cut, nearly none of resistance of the room.
Clearly, the Allies to prefer legal means to punish Japanese war criminals . because they are very confident that they represent the conscience of humanity and justice. Therefore, the Allies hoped that in the specific practice of the pursuit of procedural justice trial, the trial are concerned with the degree of difficulty of the biggest, but best to ensure the fairness of the trial common law.
However, the Allies like this trial proceedings, for the Allies to punish Japanese war crimes suspects to the purpose, there are two serious birth Department of the evidence, the rigorous certification process required tedious, almost all suspected Japanese war criminals may escape prosecution and conviction of insufficient evidence.
the other hand, during World War II, of course, Japan committed numerous war crimes, but many Allies are not members of the same fuel-efficient lights, the same for the Japanese civilians killing a tragic crime. For example, China's legal provisions adopted in the face of the fact that the same suspect, if the judge only allowed the Allies to Japan, which allowed the Allies of Japan counterclaim, then, this court's neutrality and impartiality on the left. Allies hope for suspected Japanese war criminals punished through the legal process Chao said that people flaunt their possession of moral justice and fair mind, not only can not be achieved, this time hand, Rehuoshangshen, leaving to future generations, sense of shame and pain to handle a pretext to overthrow the Tokyo Trial.
fact, in the Tokyo trial, the Allies encountered such a request to investigate killing of Japanese civilians in the Allied war crimes challenge.
May 14 the trial of court, the defense of the accused to apply to cancel the third nineteen of the indictment charges the offense. the offense is the Japanese attack on Pearl Harbor the United States Fleet, Admiral quarter of killing large numbers of German and American naval officer and sailors of the crime. American Bar Buliekelai (Blekeney) Champion, said: l If the Admiral was killed at Pearl Harbor quarter of Germany is murder, then we have to know that the atomic bomb dropped in Nagasaki man hands name, we have to know to develop the operational plans of the chief of staff, we have to know that the commander is responsible for all this. r the last one, Buliekelai doubtless alluding to President Truman, because, according to the U.S. Constitution, the President is responsible for directing the national supreme commander of the army, in fact, vote in Hiroshima and Nagasaki atomic bomb but also by his decision. (5) , to participate in the Tokyo Trial judges are unable to reply. with the disposal of other similar problems, they are in front of the dignity of law and national interests, chose to give up the expense of the rule of law and ethics, the application of the braided retaining counsel.
Mei Ru-ao is explained his views and attitudes on this issue:
compare crime war criminals, it is amazing what people can not. American lawyer of extreme defiance, and this is evident. It is true that dropping the atomic bomb is not Youshu. But the Far East is the trial of crimes committed by Japanese war criminals, American lawyers in the trial where the conduct of war have chosen to pull the United States itself in, it is very inappropriate, but irrelevant wire. This shameful strange, I am afraid only the ill-intentioned people doing it. (6 ) their country and leaders,
a trial, hey, one can of justice, fair opportunity, that is like this is the reference flow Mei Ru-ao wrecked the trial judge as the king has become a political farce defeated Kou.
, of course, such a major responsibility to do the push to have him participate in the trial judge, is unfair. After all, the trial took place in the forties of the last century, the United States also believes that even dropping the atomic bomb is indiscriminate killing of civilians in Japan necessary means necessary to end the war. this time from the United States in Afghanistan and Iraq to establish strict use of precision-guided weapons, military and civilian targets in the screening concept of war to ensure Saddam Hussein and the terrorists are fair and lawful trial, there is still a long way to go. can be said like this, it is the blood of Japanese civilians all the mistakes and Tokyo trials, only in exchange for the pursuit of democracy and freedom of people from a new perspective on and interpretation of the meaning of justice and fairness, and ultimately makes of light universal humanity shines, including broken free from the shackles of a new generation of Japanese militarism.
III. Tokyo Big Trial Participation prosecute the trial judge and the prosecution's , Tokyo Big trial judge of these parameters, Behind them, not only has the law on justice and human dignity demands, but also representatives of their national interests and national righteousness. This is the Chinese judge Mei Yu Ao is even worse. dignity and national interests in the legal dilemma of choice in addition to Judge Pal of India, other people have tacitly chosen their own national interests. Apart from a purely legal sense, this law is about the behavior of political nation-state is also the prevailing practice, not a big mistake.
Mei Ru-ao for the purposes of his life to, steeped with common-law loved the one hand, it talked about the fairness of procedures, the rules strict; the other hand, when he will be empathetic, to rely on it to protect their own the occasion of the interests of home and country, Mei Yu-ao and pain this a contradiction.
Mei Ru-ao this confusion is also human nature to say. any person, the face of such self-interest (in the eyes of Mei Ru-ao, the nation's own interests are the interests, of course) and Justice fair, professional conduct on the occasion of conflict, the human instinct to avoid hurting the dumping profit doing my part will make people choose to pervert the law of self-interest. Even today, the Bush administration needs to fight against terrorism, not the same hope to set up a more than ordinary United States District Court conducive to the special military tribunal tried and convicted, to try suspected terrorists captured it? only the Supreme Court overturned the Bush administration's move, which makes the Bush administration may infringe the human rights of suspected terrorists
Unfortunately, when the Japanese war crimes suspects were not so lucky. Tokyo, although a large field trial in common law carried out under the broad framework. However, the formulation of its Charter, the court began to copy the common law is not fully The full structure. and then after the trial judge who participate in various , there is a set of common law to the legal principles and provisions of the rule of law to death:
speedy trial to the Tokyo Tribunal Charter, adoption of evidence, the court is not generally bound by technical rules of collecting evidence; the court will do everything possible to take simple, convenient and not rigidly adhere to the technical procedures and may use the court held that there is any evidence of probative value br> The so-called technical mining permit does not rigidly adhere to the general rule, in fact, that is evidence of the adoption system in the Tokyo Tribunal seriously at the expense of common law constitutes the most important part of mm coherent this provides a large number of admissible Tokyo court for various reasons, many can not (or unwilling) to appear in court witnesses evidence of a considerable proportion of the trial (8). and in the common law system, the the force of law. Therefore, only in extreme special reason (such as sick to death of the witnesses can not appear in court, and collecting the evidence to defense lawyers of both sides together under the supervision of recognition), this evidence in court, the force of law. The Tokyo Tribunal, this ; the court spirit of the Charter. it is no wonder that this provision would be regarded as ecstatically Mei Ru-ao imperial sword and become the judge who participate in all kinds of early and non-Anglo-American common law legal systems around the court between the judge should adopt the letter sword: each to accept the conditions to be acceptable I left from the Mei Ru-ao the application, and each other judges have threatened to make the same request. President Webb for challenge on the grounds that: Before he was sent to Tokyo, he served as an Australian government-appointed investigation l Japanese atrocities r, chairman of the Committee, he will conduct breast Japanese stereotype and therefore can not open-minded to engage in a fair trial. Hala Ni it requires that the judge in the Philippines to avoid the reason is: he worked during the war by the Japanese prisoners, and forced participated in the Bataan death for l r (l Bataan death march that is r, the author note), the Japanese hold deep hatred, therefore, do not make a fair and impartial verdict. In both vexatious application is made after the court has categorically to refute them with severe, so the defendant's demand to avoid the application of other judges will have no chance to ask. (10) Day belligerent, who are charged with safeguarding the interests of their country level, the situation as I have killed, his son became a judge in general, already compromised the neutrality of judges; erupted in even more incredible, the Philippines, was a judge of direct victims of Japanese atrocities Now go into battle in person to repay debt of blood. This direct victims were riding on a trial court to act as judge perpetrators of sacred things, ancient and modern, I am afraid it is unique.
something ridiculous to the point, Mei Ru-ao not thought through. He then writes:
For such a dispute can not even expected to get the provisions of this charter can not say it is not a loophole. (11) in, is a minimum of common sense concepts. defense counsel reasonably required to avoid this way are prohibited, if the court get a dog or a Martian to a judge participate in the trial, the Japanese war crimes suspects it not also be submissive and told no one to turn v. a?
argument the trial judge is like this wanton violation of the defendant's legal rights, and the prosecution prosecutor arbitrary and fabricated facts of behavior, can be regarded as simply the Tokyo Tribunal Charter and spirit to the imaginary extreme, can only feel the prosecution plaintiff not only absurd and shameless, but rather to the sheer ineptitude, the point is extremely stupid.
the beginning of the hearing, the prosecution charged in Japan counts of war crimes suspect 55 (the last was reduced slightly to 10). which one is like this:
war of aggression. (12) this point. The reason is:
inconsistent. Thailand in the aftermath of the Pacific War, and immediately conclude with Japan a treaty of alliance r. l About Department of the December 21, 1941 set in Bangkok, the same date. Article II of the Treaty: l case of Japan or Thailand, with one or several armed conflict in third countries, Thailand or Japan should immediately stand on the other side and use it as their allies, all in all political, economic and military means to provide assistance. r Article IV: l Japan and Thailand in the joint operations situation of mutual assured, fully mutual agreement unless, not to conclude an armistice or peace treaty. r before the Japanese surrender, Japan and Thailand is always the alliance, until 11 September 1945, Japan formally surrendered after the note was in Japan to Thailand l status of the Treaty is incompatible with world peace as a reason for r, notice repealed. (See It seems even to be carried away by patriotism Ao Mei Yu also the world should also know the logic, the fact the truth. Therefore, the prosecutor cast the prosecution is so big lie, I can only believe that they are extravagant, clover to mind are put into the rubbish. (on the Tokyo court judges, prosecutors is how extravagant, pampered, and I have specialized in the following sections describe the contents)
IV. Mei Ru-ao Competing death Department of the times the rule of law must be cut after the first trial, otherwise, I must first cut him a few, side of my heart hate the snow. hh I am well received by the people of care, never managed to act within the law, breaking the French Open did not escape the war culprits! ( 14) attitude openly flow in the statement table, Yu-Mei Ao also ask how do the judges neutral? In other words, Mei Ru-ao to Zhefan mind the words and deeds, even if not on a sound legal system in China today, he also acts as a judge with the middle ? not obediently put away their home to buy sweet potato bedding roll out?
However, Mei Yu ao extreme performance is not quite there. his oath during the trial participants is sensational: Xie dead people (15). does it mean their death without trial, has long been handpicked by?
Mei Ru-ao do not always understand, he not only participate in the trial to Tokyo, his first of the ultimate identity of the judges, the state should be the offshoot of distal sense and to be squeezed out ability to avoid the interference. If you really want one of revenge, the Japanese have Daozu the facts under the fish, which also was on the wheel that physically very weak Mei Ru-ao's scholar scholars to go to war in China, casual find a few hero Yang Zirong still have possession of justice and fairness. by engaging in law Mei Ru-ao that, in fact, become confused with the Tokyo Tribunal put the type of correction correcting Yang Zirong Takeo just cut the mess.
Sadly, this truth is not only to Mei Ru-ao death also took exception, to this day, Mei Yu ao this be seen.
court in Tokyo, with Mei Ru-ao such mastery of the Road Law School who is this, that thousands of years, I do not know why the modern rule of law matter, but the Chinese took to the court a witness, and its performances in is left the r behavior (16) the various testimonies, many media reports at the time have left black and white in a to explain how to include forgery of justice into a classic material.
Now, let me extract some data to show the Chinese how funny perjury of witnesses:
the number of investigations of the Nanjing Massacre, the Chinese people to fully reflect the patriotism out. we began to race whose patriotism high, so the number of Japanese soldiers killing becomes clearer and more lies spread to the last as much as a person of a claim that he see Japanese soldiers killed 57,818 people, two people claim to only two of them buried 28,730 bodies. everyone knows that this statement is nonsense, but no one dared to stand up and say they are nonsense. Who says the Chinese witnesses to lie because Who is speaking for the Japanese, the traitor, and traitors at the time the crime was beheaded. So, although we all know that this is false, but no one dares to say, then l saw a Japanese soldier killed 57,818 people, Two people buried 28,730 bodies r a ridiculous thing, it has also openly made the Chinese newspapers. To make matters worse, the three big lies are spread did not know the foreign market, that foreign and Chinese as the world is a lie, then insisted that the three go to the international court to testify. though it was a lot of three Chinese officials also know that this is a lie, let them know that the International Court will make a fool, but who did not dare let them to go, because no one to stop them is the traitor who is patriotic behavior. we had to watch the big lies are spread to the international court fool of shame to the Chinese people. Of course spreading big lies in the international court to fool the Chinese people, after losing face , and no one dares to criticize their lying behavior, because they say the patriotic lie l r, we have to bring these people to no longer way to forgive them lies the Nation l r behavior. (17) br> ordinary Chinese civilians like this overreaching, lies harm the country, and cultural knowledge as a military generals, but also on the burden of proof at the Tokyo court procedures to understand and adapt to what extent do?
throughout the year, according to China participated in the Tokyo High Wenbin trial witness recalls:
As such, almost under the witness box H. (18) The mentioned the , the court's decision on this paradox, and not carefully verified, in particular, all evidence against the defendant as Tokyo is the letter in court permits partial exposed side of doubtful mind (this attitude is also a direct result of the court rejected evidence that adoption of the Japanese defenders, > until the Tokyo trial after the end of 1961, Mei Yu ao military generals by reading some of the . In his disastrous situation of confusion and expense of insider articles, so I am particularly angry. ... As Chiang
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