Date of letter:1995-09-15
Address of author:Binchuan county, Dali City, Yunnan Province
Date of event:1943-1945
Location of event:Hunan Province, Henan Province, Shandong Province, Shanxi Province
Name of author:Chen Chongjun
Name(s) of victim(s):Chen Shiliu, Ms. Chen nee Tang, Tang Wenxiang, Zhao Ruicai, etc.
Type of atrocity:Murders, Others, Biological/Chemical Warfare（MU, OT, BC）
Other details:From March 1943 to September 1945, the Japanese soldiers invaded my hometown – Anren County of Hunan Province. They raped women, caught labors, killed and injured dozens of residents, and looted and destroyed a large number of properties. Three of my family members were killed. In 1944, my grandfather Chen Shiliu’s arms were cut off by the Japanese soldiers, and he died. My grandmother Chen Tang’s and my mother Tang Wenxiang died of germ warfare of the Japanese army. Our houses were destroyed. In addition, I also claim for compensation from Japan on behalf of Zhao Ruicai and other people.
Comrade Tong Zeng,
Hello!
I once wrote two letters to you to describe our persecution details. Now I combine and deliver them together to the Japanese Embassy. CC: Chinese government, namely to you, but no other departments.
I failed to contact you promptly because of illness, please forgive me.
Regards
Yours sincerely
Chen Chongjun
Indictment on Damage Claim against Japan
Plaintiff: Chen Chongjun, male, citizen of the People’s Republic of China, now aged 67, Han ethnic group, persecution venue: Dongqiao Village, Huawang Town, Anren County, Henan Province. Currently residing at Yunnan Province Binchuan County Grain Bureau
Chen Chongjun starting a suit on behalf of six households migrating to Yunnan Province Bingchuan County Grain Bureau as a result of persecution.
Defendant: Japanese government
Cause of action: During the invasion war, the Japanese Army occupied my hometown Dongqiao Village, Huawang Town, Anren County, Henan Province from March 1943 to September 1945. Throughout the two and half year time, they implemented “Burn All, Kill All and Loot All” policy in my hometown, they raped women and captured slave labors, several dozen residents were killed or injured, leading to heavy loss of properties. In my family alone, the Japanese Army killed three persons. In July 1944, my 66-year-old grandfather Chen Shiliu lost one arm after persecution by the Japanese Army and died due to ineffectual medical treatment. My grandmother Mrs. Chen, nee Tang who was then 65, and my mother Tang Wenxiang aged 36 both were killed by the Japanese Army’s bacteria war in September 1944 and in July 1945 respectively.
The Japanese Army occupied my home for two and half years, explosive bombs damaged two places in our house, burned over 20 pieces of furniture, wardrobe, desk, and beds, they dismantled door left to build bridge. They killed two pigs, one cow, more than a dozen chicken, and graze horses to destroy three mu (a unit of area , one mu=0.0667 hectares) of millet field. My family members fled out of town and begged food in order to avoid persecution by the Japanese Army, 80% of farming efforts received no harvest. The result is destroyed family, dead family members, and heavy economic loss. Based on the miserable outcome of my family alone, it is certain that the inhuman crimes and property loss committed by the Japanese Invasion Army are irreparable.
According to international public law and laws on war, the defeat nation should offer war compensation and civilian damage compensation to the victory nation:
I. Regarding the damages sustained by my family during the Japanese invasion in China, we demand the following compensation:
1. For three deaths, each one deserves compensation of USD 22000, totaling USD 66000.
2. Damaged house costs compensation of USD 3000.
3. Burning of 20 pieces of furniture and four doors costs USD 2000.
4. Killing of one cow, two pigs, over a dozen chickens costs USD 2000.
5. Loss of three-year agricultural production on our land costs USD 50000.
For the above five items, the Japanese government should compensate my home’s loss totaling USD 78000.
II. In addition to my family’s loss and compensation claim, on behalf of the five households who have signed names, I hereby also declare the following compensation claim for give citizens who migrated to Yunnan Province Bingchuan County Grain Bureau due to persecution by the Japanese Army:
1. Zhao Ruicai: a native of Wuyang County, Henan Province, male, now aged 71. The Japanese Invasion Army killed his father, his family sustained heavy loss of property, for which Japan should compensate USD 5000.
2. Yao Jingmei, a native of Gaoqing County, Shandong Province, male, now aged 69. The Japanese Invasion Army damaged his houses, furniture, the land was laid waste, for which Japan should compensate USD 15000.
3. Zhang Meiyu, a native of Changyi County, Shandong Province, female, the Japanese Army destroyed family property and furniture, the land was laid waste, for which the Japanese government should compensate USD 5000.
4. Yang Pingan, a native of Xiangfen County, Shanxi Province, male, now aged 70. During the Japanese invasion period, his family suffered heavy property loss, the land was laid waste, family members fled out of town with no home to return to, for which the Japanese government should compensate USD 10000.
5. Li Xiaoyou, a native of Huguan County, Shanxi Province, male, now aged 68. During the Japanese invasion period, his family had thirteen people, three were captured by the Japanese Army, and their whereabouts were unknown. The family property sustained heavy loss, the land laid waste for four years, for which the Japanese government should compensate USD 45000.
For the above five households, the Japanese government should compensate USD 80000 as civilian damage compensation. The above two items total USD 158,000.
Based on the civilian damage losses of killing, looting, burning, and persecution committed by the Japanese Invasion Army against the above six households, they are indeed violations of international public laws and laws on war. The defendant should assume damage responsibility and provide damage compensation for the six households as plaintiff, this is civilian damage compensation, instead of war compensation between the governments of two countries. Although the Chinese government exempted Japanese government’s war compensation, the Chinese government has indicted “Civilian Chinese victims can demand compensation from the Japanese government”. The Japanese government wants to escape the damage compensation for civilian damage during the invasion period, its wish will never come true. During the WWII, the defeat nation which waged the invasion war should offer compensation for war damage and civilian damage of the invaded nation, it has been determined by international public law, it has precedence, no one can escape it, no matter who he is.
CC: Chinese government in Beijing
Plaintiff representative: Chen Chongjun (name seal)
September 15, 1995 AD
Name list of Chinese civilians demanding damage compensation from Japan Unit: RMB 10K yuan, person
About damage compensation for the Anti-Japanese War
In 1972, the Chinese government abandoned the “War Compensation” claim toward Japan, but it did not announce to abandon the “Damage Compensation” claim —— This is an important opinion repeatedly expounded by youth jurist Tong Zeng in his thesis, which received extensive concern from all social circles, newspapers such as “China Business Herald” and the “Legal Daily” one after another reprinted its abstract.
Tong Zeng’s article explained the difference between the two kinds of compensations prescribed by international laws. “War compensation” refers to the compensation for losses sustained by the invaded countries when the defeated nation launched invasion into other countries.
”Damage compensation” refers to compensation that must be undertaken by the invading nation being defeated to compensate for multiple serious crimes committed against the people and properties of the invaded nation due to violation of laws of war and humanitarian rules during the war. After the WWII, Jews, Poland, and France all claimed huge amount of damage compensation on the ground of receiving Nazi persecution.
Today’s value of “damage compensation” that China should receive from Japan is equivalent to 180 billion USD……
“People’s Political Consultative Daily”
Signatures for Demanding Damage Compensation from Japan
Chen Chongjun Yao Jingmei Zhao Ruicai Zhang Meiyu Yang Pingan Li Xiaoyou
