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家永诉讼是以法律名义处理日本历史教科书问题的代表性诉讼。该诉讼共分三次,历时三十多年。通过该诉讼历史事实得到了部分尊重;通过该诉讼宪法中的教育权归属、学术自由等问题在理论和实践上得到了较为充分的讨论。日本最高法院认为,日本宪法教育权相关条文没有明确表明教育权归属,在普通教育中学术自由受到一定程度的限制,在“必要和相当”的范围,国家可以介入教育方法和内容。教科书审查制度的价值中立是处理历史教科书问题的关键。从日本宪法的产生、运作以及规范内容来看,尊重历史是其应有之义。日本政府应该以史为鉴,朝着尊重历史的方向积极作为。
The lawsuit at home is a representative lawsuit that deals with the issue of Japanese history textbooks in the name of law. The lawsuit is divided into three times, which lasted more than 30 years. Through the procedural history, the facts have been partially respected. The constitutional law of education through which the right to education is vested and the academic freedom are more fully discussed in theory and practice. The Supreme Court of Japan held that the provisions of the constitutional education right in Japan did not clearly state the right to education and that academic freedom in general education was restricted to a certain extent. The state can intervene in the methods and contents of education in the range of “necessary and equal”. The value neutrality of the textbook review system is the key to dealing with the issue of history textbooks. From the origin, operation and standardization of the Japanese constitution, respecting history is its due meaning. The Japanese government should learn from history and take active steps towards respecting history.