海外派兵与安倍内阁的集体自卫权立法论析

On Japan's Sending Troops Overseas and Abe Cabinet's Collective Self-defense Legislation

冷战后,日本海外派兵的法制化进程始终受到"禁止行使集体自卫权"原则的束缚。对此,在自民、公明两党组成的"自公联盟"框架下,安倍内阁促使国会通过了旨在实现海外派兵的集体自卫权立法。根据新安保相关法案的规定,日本可以随时向海外派兵并向其他国家军队提供支援,其要旨大多涉及行使集体自卫权、扩大自卫队海外军事行动范围等内容。这一集体自卫权立法,打破了日本海外派兵的自我限制、违背了立宪精神、满足了同盟需求、加剧了地区不安。

After the Cold War, the legal process of Japanese deploying troops overseas used to be restricted in accordance of the principle of'prohibition of exercising collective self-defense'. With the joint efforts made by both the Liberal Democratic Party and the New Komeito Party, Abe Cabinet urged the Congress to pass the collective self-defense bills aimed at sending troops overseas.Under the new security-related bills, Japan can send troops overseas at any time and provide military support for other countries. The legislation involves the exercise of collective self-defense, the expansion of the military action of the SDF overseas and so on. This collective self-defense legislation has broken the self-restriction of Japan's sending troops overseas and has been against the constitutional spirit. And it has met the needs of its alliance and yet exacerbated the regional unrest.