The Study Over Subjects Of Criminal Reconciliation

In recent years, the criminal reconciliation originated from the "recovered justice theory"get more and more focuses. And the judicial practices also make a lot of beneficialexploitation. Meanwhile, the subjects of criminal reconciliation as the most important element,which is playing the role in the studies over the system of the criminal reconciliation. And thissubject should embody both substantive and procedural qualities in the conception, whomakes the essential impacts over the proceeding and results of criminal reconciliation that areincluding the victims, the inflicts, the presider and the communities and so on. Hence, thispaper gives the definition of the range of the subjects combing with the theories of criminalessence and the relations between the crimes and punishments and analyses the three sorts ofsubjects as the victims, the inflicts and the authorities and other participats. The whole text isabout22thousand words that is divided into following parts:Part one is the extension of the subjects of criminal reconciliation, which is discussed thetopic conceptions, the characters, the determined subjects as the victims, the inflicts and theauthorities.Part two is the introduction of the victims. As the concept of victim said, it is theindividual and the organizations damaged the self-benefits and reconcile voluntarily. So theposition of the victims shifts from the traditional lacking condition to the central position of"triple-structure", which shows the substantive determination and the strict procedural liberty.However, the right of substantive for the victims is limited which depends on whether theviolation of the subjects are the public benefits. So the victims hold the right in non-referenceand vice versa.Part three is the inflicts that are the ones who damage the victims’ benefits without anyregrets but are willing to reconcile with others. And it is different form the victims’ rights, theinflicts are not including the legal personsPart four is the state authorities that are the police, the inspects and the courts with thedistinguished positions in the traditional criminal procedure and the criminal reconciliation.First of all, it is the check for the range of the criminal reconciling cases and the second is theguarantee for the proceeding of the reconciliation and the last one is the inspection and theidentification or becoming the presider. Part five is the other participates in the criminal reconciliation, who could take part intothe whole proceeding without the essential impacts over the interest but could push theproceeding with the other individuals and the organizations such as the civil presider, thecommittee of reconciliation and the lawyers. They are not the subjects of the criminalreconciliation but the accumulators for the success of the criminal reconciliations.