On The Crime Of Passion Of Criminal Responsibility

The crime is the specific product of social development. The existence and rising of thepassion crime in contemporary society has its rationality and necessity. Because of modernindustrialization intensifies,social development imbalance and the contradiction,passion crimewhich comes into the standard view in advance, become the unavoidable reality problem ofacademic field and practice. However, for passion crime academic circle, there are the plightof insufficient knowledge,and in practice they should face unbalanced punishment.Thereason is that the basic meaning the kind of crime based, standard according to the basicproblem, punishment principle, all point to a fuzzy. Explaination of the nature of the passioncrime and the criminal standard is not only a theoretical understanding of the deepeningdevelopment, but also a realistic requirement for the practice to prevent crime.Therefore,rebranding from actual to standard is not only necessary but urgent.There are four parts in the article,a total of30000characters.The first part is about the basis connotation of the behaviour of passion, which must bediscussed in the crime of passion.There are two main points in this part, the psychologicalmechanism of passion behavior and externalization analysis.The later part explains theappearance.The second part explains the theoretical basic of criminal responsibily,includingphilosophy foundation and jurisprudence foundation,which provides the reason why thepassion behaviour should be seemed as criminal. Philosophy foundation includes moralresponsibility theory and social responsibility theory,meanwhile jurisprudence foundationincludes essense accordance,legal accordance and substantiation.The main reason why thesubject should bear the criminal responsibility focus on social harmfulness and personaldangerous.The third part demonstrates the standard accordance of the passion crimesresponsibility,mainly from its summarize,subjective,behaviour subject and victim fault toexplain.The summarize of passion crime introduces its basic meanings and characteristics;Theoretical circles on the crime of passion has been controversial, the overview of this paperbasing on that the affirmation passion is an intentional crime also demonstrate a negligentcrime on the basis of behavior of freedom from reason.It overviews the main character ofsubject,and differentiate them from intermittent mental patient on responsibility. The forth part introduces the decrease reason of passion crime’s criminal responsibilityand lenience punishment principle.This paper tries to explain the decrease reason from threeaspects:the sound cause, expected possibility,and lower responsibility. Victim fault basing onrelative sentencing guidelines is the sound cause.Due to victim fault,the decreasingpossibility to be legal action meets the demand of expected possibility. At the same time theresponsibility’s reduce also support that the passion crime should reduce the rationality ofcriminal responsibility. At last this paper overalls the punishment of passion crime should begiven lenience, and presents some punishment rules to provide the reference for thesentencing of the crime.