民间对日索赔与中国实施外交保护的可行性

Civil Claim for Compensation Against Japan and the Political Basis for China's Diplomatic Protection

基于人权的推动,传统外交保护的国家自由裁量特征开始发生转变。这既是义务限定,也是权利工具。至于民间对日索赔,中国政府无论是在法理基础上,还是在政治基础上,都具备了实施外交保护的可行性。

The development of the human rights has been promoting the transformation of diplomatic protection which was a tradition. It was only a kind of state right, which, on the one hand, has been setting up some obligations for Chinese government, on the other hand, has been providing Chinese government rights to protect its overseas citizens. From the legal perspective, the application of diplomatic protection in the problem of the civil claim for compensation against Japan is in line with the norms of international law. From the political perspective, Chinese government not only can but also should exercise diplomatic protection.