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关于刑事和解主体的确定,应当以主体性要素为基准,包括基础性要素和必要性要素。以上述要素作为基准,刑事和解中的主体应当包括加害人、被害人和公权力机关三方,其中公权力机关包括公安机关、检察机关和法院。刑事和解三方主体的关系应属典型的公法契约关系,其关系模式应定位为平等关系为宜。
The determination of the subject of criminal reconciliation should be based on the subjective elements, including the basic elements and the necessity elements. Based on the above factors, the main body of the criminal reconciliation should include the perpetrators, the victims and the public authority organs, including the public security organs, procuratorial organs and courts. The relationship between the three parties of criminal reconciliation should be a typical contractual relationship between public law and its relationship model should be positioned as equal relationship is appropriate.