日本集體自衛權之研究

The Research of Japan's Collective Self-Defense

戰後日本因基於和平憲法之理念，採取了「專守防衛」之防衛政策，使日本在非軍事化原則下得以全力推動經濟發展，但冷戰結束後，國際戰略環境大幅轉變，促使日本開始從事各項國際貢獻事務。盱衡現今國際法及聯合國憲章認定自衛權乃國家之固有權利，日本深刻體認集體自衛權之重要性，隨著時代變遷不斷修正詮釋內涵，此一歷程也反映著各時期的安全保障政策。自1950年代以降，日本對行使自衛權之條件與地理範圍所持立場認為，作為主權獨立國家當然擁有集體自衛權，然囿於憲法第9條之限制，乃逾越防衛日本所需之最小限度範圍，不得行使集體自衛權，另以行使武力為目的而派遣武裝部隊到他國領土、領海和領空之海外派兵問題，一般認為超越自衛所必要的最小限度，亦為憲法所不允許，故日本政府迄今所持立場仍為「擁有集體自衛權，但憲法禁止，不得行使」。然而，面對新的國際安全挑戰，日本政府遂嘗試從各種不同面向或以擴大解釋方式積極地研究集體自衛權問題，對外交事務與防衛政策影響極為深遠，尤其自2012年12月首相安倍晉三再度上任後，即不斷擴大憲法解釋的範圍及容忍度，希冀在嚴格條件的修憲程序外，尋找其他可行途徑，透過更靈活地解釋方式，達成行使集體自衛權之目標。

Based on the concept of the postwar "peace constitution", Japan adopted exclusively defense-oriented defense policy, which allowed the Japanese to promote economic development under the principle of demilitarization. However since the end of the Cold War, the international strategic environment has changed dramatically, prompting the Japanese to engage in the international contributions affairs. Examining today's international law and the UN Charter, the self-defense right is recognized as the inherent right of the countries, the Japanese has also profoundly realized the importance of the right for collective self-defense at the end of the Cold War, and the international strategic environment has changed dramatically, prompting the Japanese to engage in the international contributions affairs. Examining today's international law and the UN Charter, the self-defense right is recognized as the inherent right of the country, the Japanese has also profoundly realized the importance of the right for collective self-defense, and has constantly revised the interpretations of their defense policy. These have also reflected the security policies of each period. Since the 1950s, Japan's position on the geographical scope and conditions for the exercise of the self-defense right has been that, as a sovereign independent state, they naturally have the right for collective self-defense, however this right is beyond the scope of the restrictions set by Section 9 of their Constitution, which limits Japan's self-defense to a necessary minimum. In addition, dispatching armed forces to other countries, sending troops to overseas territory, territorial waters and airspace is generally considered beyond the minimum necessary for self-defense, and is therefore not permitted by the Constitution. Hence, the Japanese government has still held the position that “they have the collective self-defense right, but the Constitution prohibits them from exercising that right. "However, in the face of new challenges to international security, the Japanese government has tried interpreting their constitution from a variety of different aspects and/or expanding the interpretation. These have profoundly influenced their foreign and defense policy. Especially under Prime Minister Shinzo Abe's administration since December 2012, Japan has been expanding the scope of constitutional interpretation and tolerance, and they have hoped to find alternative ways to exercise their collective self-defense right without altering their constitution, which would involve strict procedures.