战后日本防卫战略的演变:从法律的角度审视

The Evolution of Japan′s Defense Strategy after World War II:A Legal Perspective

近年来,日本防卫战略逐步实现了从"专守防卫"到"对外干预型防卫"的重大转变,从法律的角度审视,这种转变是通过解释宪法或颁布新法律的方式完成的。冷战时期,由于和平宪法与日美安保条约两个法系之间存在的内在结构性矛盾,孕育了其防卫战略发生蜕变的根源;冷战结束后,在尚不具备"修宪"的背景下,日本通过颁布新的法律为其防卫战略转变提供法律依据;新世纪之初,日本审时度势,在正式启动"修宪"程序的同时完善战时法制,为日本的海外派兵和作战提供完整的法律体系。

The Japanese government has gradually changed its military strategy from defense to interference in recent years. Seen in the light of law, this change was achieved by means of reinterpreting the constitution and promulgating new laws. The structural contradictions between the constitution and the JapaneseUS safety guarantee treaty signed during the cold war period were the very cause of this change. After the cold war, being unable to revise the constitution, the Japanese government tried its best to establish a legal foundation for changing defence strategy by formulating and promulgating new laws. From the beginning of the new century, Japan has sought every opportunity to revise the constitution and to perfect its wartime law system in order to provide the legal basis for sending troops overseas. 