The Evolution Of The Roles Of The Offender And Victim-From Passive To Active

With the development of society and civilization, humans urge for revenge has gradually tended to be rationalized, while the concept of retributivism has also changed from absolutization to relativisation accordingly. For this reason, a legitimate crisis takes place on the basis of criminal penalty. In order to make the real meaningful balance of interest between different main bodies in Criminal Law relations, what we are dedicating now is to repair the defects and holes of state centralized Criminal Justice System, so that both equality and justice of law will be realized successfully. This article is primarily composed by four parts as follows.In the first part, the writer explores the development from the view of criminality and breaks through the traditional understanding of criminal concept, in order to further explain the main bodies in Criminal Law relations should not only be such dual structural mode as"state-criminals". That is to say there is no more exclusive powers held by the state to punish the criminals, but a certain interposition of victims of Criminal Commitment will be allowed consequently. On the other hand, the law should manifest its protection to personal dignity and human rights, and then reconstitute a three-mode structure like"criminals-victims-state". By doing this, the traditional Law relationships will be revised as well.In the second part, the writer claims that under the national judicial mode, as soon as there is a crime, the state should undertake all works, including investigation, charge, adjudgement and execution. In addition, this part also analysizes the cause of this judicial mode which is completely controlled by the state without any consideration about the passive roles of criminals and victims, and a series of problems they may be confronted with.Theoretical evidences for the change from both criminals' and victims' passive roles to their active roles in the Criminal Justice have been proposed in the third part. The first one is Humanism Law Concept, The writer states that human is the main body, key point and essential aim of law in nature; Secondly, Compared with retributive justice, restorative justice seems more propitious to find out the real cause of crimes so that the true justice will be obtained by each party at the same time; Last is rationality, Forgiveness and repentance are blocked, therefore, for the sake of making our society more harmonious, stable and unitized, we should stop passing the buck and criticizing with each other but keep close with tolerance and confession. Furthermore, this part also talks about how does the new society provides social basis for the change of criminals' and victims' passive roles to their active roles and finally points out that the essence of this change is that the state should hand over its power of criminal punishment to the individuals.In the fourth part, the writer explains how these active roles come into being. The introduction of these active roles is a restorative justice which developed from the national judicial mode. To be more specific, restorative justice excludes the single punishment from the side of state, for the reason that the state can not be regarded as the only procedural director. So each party involved in Criminal Law relations has rights to participate in determinate process of solving various disputes. We should be aware that the penalty is just one way to assume and realize criminal responsibility. Besides, there are many other choices provided for criminals and victims as well. This fact embodies the qualification, freedom and confidence of holders of rights in Criminal Law relations, and expresses human society's best wishes to seek peace subsequently.