Passion Killing Criminal Law Analysis

The passion killing’s research belongs to the criminology study field. In the fieldof criminal law, crime of passion is neither a specific type of crime, nor is itindependent of the circumstances of the crime, but has been reflected in China’sjudicial interpretation and policy, Judicial practice also have used passion asdiscretionary sentencing plot to kill. However, due to the lack of legislation, clearrules and regulations, Passion killing involved in many areas of psychology,victimology, lots of non-standard inconsistency phenomenon has happened in thepractice of judgmentThe ace of Passion killers has associated with its own passion state. Passionbelongs to the mood and is different from the negative state of mind. Passion killingin the course of the study from the field of criminology to the field of criminal law,because of criminology and criminal jurisprudence focused on different disciplines,passion killings were able to distinguish. Criminal law on murder relatively narrowedthe range of passion. The passion kill of criminology isn’t necessarily is whatCriminal law regulation of the murder.To understand the passion killing of Criminal Law identified, on the one hand,we should know the subjective factor and objective factor; On the other hand, weshould be distinguished with the act of Spur of the moment murder, placerighteousness above family loyalty, defend somebody against an injustice and analyzetheses acts outside the similarities in differences. The passion killer’s behavior should be more lenient punishment. First of all,passion state has limited understanding and control capacity, the person can not fullyunderstanding the consequences of their behavior, Carry out criminal acts under thecontrol of the passion. Secondly, the passion murder is typical manifestation of theoffender and the victim interaction theory. The victim has a clearly fault Stimulate theOffender to Carry out criminal acts. Lastly, the purpose of criminal law is against thealready committed and Prevention guilty of first place. from the point of specialpreventive, The dangerousness of the person and subjective of the passion Murderer isvicious smaller than General offender; from the point of General prevention, Penaltiesaims to urge its nationals to use their best efforts to restrain their emotions andbehavior. So, As long as the existence of the penalty, it is not need to use harshpunishment.The research about Passion killings aims to promote legislative perfection of Oldcharges Intentional homicide. Type of study has applied to China’s Criminal LawResearch is one way to try to solve the difficulties faced by the intentional homicide.In judicial practice, principle of individualization of punishment should be put to trial.Judge should Take full account of The fault of the behavior of the victim, theperpetrator’s state of passion, the temperament of the behavior itself, etc. relate to thecircumstances of the crime, but also involving offender’s aspect. As far as possible,achieve individual justice...