Study On The Crime Of Passion

Along with society's development, passionate criminal and crime of passionappear increasingly in the social reality, and also serves as the explanation to thereason which punishes leniently to some crime person. Because domestic to thepassion, the crime of passion also lacks the fundamental research and thecorresponding legislation limits. Passionate criminal and the crime of passionhave no judgment and unification standard, so the social public's understandingis also fuzzy, and has confusion in the concept. This thesis looks all about theoverseas legislation, bases our country social reality, combs overseas legislation,in order to benefit our country's fundamental research and the legislation. Thisthesis content has following several parts:The first part is about Chinese and foreign legislation generalization oncrime of passion. In this part, the author first relates foreign country and ourcountry legislation evolution on crime of passion, overseas is explicit, appearsearly, in domestic, the crime of passion did not have the independence to enterlegislator's field of vision, the fundamental research is still at the start stage.Afterwards, the author carries on the summary to the overseas legislation, inorder to help our country's legislation.The second part is about the concept, character and classification of crimeof passion. Because the material limits, the author mainly focuses on domestic,certainly, also absorbs overseas theory achievement. The author thinks atpresent, domestic does not have one concept of the crime that is concise, logic,and simple. The author's definition has basically covers the five essential factorsand the punishment principle about crime of passion. Based on this concept, theauthor has enumerates its four characteristics, and classifies the crime.The third part is about the constitution of the crime. Our country'sconstitution of the crime consists of four important documents, namely,object of crime, objective aspect, subject of crime, subjective aspect. This partbases on domestic research results, and makes every effort for the theory innovation. The author limits crime object in life right and healthy right,objective aspect mainly in harm behavior and harm result, emphasis four kindsof object of crime, limits subjective aspect in the error, and analyzes the fourimportant document theories.The fourth part is about recognition of crime of passion. There are threeways to recognize the crime, that is, the crime constitution, five essential factorsof the crime and distinguishes between the crime and other close concepts. Theauthor already analyzised in the third part the constitution of the crime,therefore this part does not meticulously narrate it. In this part, the authormultianalysis the five essential factors of the crime, and distinguish thedifference among righteous indignation murder, conceived crime temporarily,and crime of punishment on guilty family members and so on.The fifth part is about the reason and prevention of the crime. Based oncriminal psychology viewpoint, the author carries on the analysis to the crimereason, its basic reason lies in passion, individual reason lies in mental handicap,external causes lie in the intense stimulation. The author supposes to point outpreventive measures and methods, for example: to promote society harmony,to improve the individual quality, to enhance special community's education andso on.The sixth part is legal responsibilities of the crime and punishment.Theauthor insists that passionate criminal should take the legal responsibilities, andtakes several aspects to explain the reason. The author makes effort use full,precise and appropriate ways to support the view. to the passionate criminal, theview from china and overseas is mitigated punishment, the author explains thereason, analyzes, classifies and compares punishment method to the crime.Finally in the conclusion, based on international legislation characteristicsand our country's situation, the author proposes the necessities of legislation toour country and puts forward the legislation proposal.