对战后南京大屠杀案审判的再认识

A Re-understanding of the Trial on the Case of Nanjing Massacre

在战后国内对日本战犯审判的案件中,南京大屠杀案有着特别重要的意义。从总体上来看,国防部审判战犯军事法庭对南京大屠杀案的审判是符合正义要求的,维护了国家利益和民族尊严。但是,国民政府主导下的这一审判也存在许多不足,如审判具有的政治色彩影响了审判本身的法律意义;审判只注重着眼于国内的影响,对是否对加害国日本产生影响则甚少考虑;审判只是一味地强调宽大政策,不注重对战犯的教育和改造等。再加上抗战胜利后不久内战爆发,时局混乱,国民政府希望尽快结束审判。这些都在很大程度上制约了南京审判的实际效果。

The trial on the case of Nanjing Massacre, among the trials of the Japanese war criminals after the Anti-Japanese War, is of extraordinary significance. As a whole, the trial on Nanjing Massacre conducted by the court-martial under the direct control of the Department of Defense meets the requirement of justice and maintains national interests and dignity. But the trial controlled by the National Government has many limitations. For instance, the trial＇s political color influences its legal significance; it just pays attention to the effects on Chinese people and neglects its effect on Japanese people that launched the invasion war; the Na- tional Government attaches too much importance to the policy of tempering justice with mercy, but pays little attention to such issues as the reform and education of the war criminals. In addition, as a result of the outbreak of the civil war, the National Government hopes to finish the trial as soon as possible. To a great extent, these factors all restrict the effects of the trial.