The Research On Emotion Offender

In recent years, passion offender frequently appeared in the social reality, and iscited as the crime of passion of people of lenient punishment reason, such as a typicalYao’s case. Crime of passion often has serious social harm, but from the presentsituation in our country, our country does not have the corresponding legal terms ofpassion offender to be defined,theoretical study of passion offender norcomprehensive system, this has caused in the determination of passion offender whenthere is no uniform standard, and then lead to passion made difficult judicial practicethat. That passion offender exists in the criminal legislation of the lenient punishmentis the need of development and the judicial practice and the theory, standardapplicable law so as to unify the passion offender, to achieve the greatest possiblelegal punishment, truly punishing crimes, protecting human rights. The paper isdivided into five parts:The first part discusses the basic definition of passion offender. Starting from theconcept of passion, a tentative definition of the scope of criminal law in the passionatecriminal concept, and the characteristics of passion offender subjectively, make sense,means, behavior, causes, consequences, of which seven aspects. Finally, make therelated concepts of passion offender.The second part discusses the criminal law orientation passion offender. Firstly,the principle of the unity and the crime constitution theory to discuss the location ofpassion offender in conviction from the subjective and objective factors, which shouldconsider passion passion offender convicted, but only as a minor criminal case crimefactors. Secondly, from the two aspects of justice and the purpose of punishment thepassion as the sentencing basis is necessary.The third part discusses the construction elements of passion offender. The fiveelements of passion offender to be inspected the judicial practice that: one is tostimulate the incentive there must be sufficient. Two is the behavior of people into thestate of passion and loss of self-control ability. The three is a direct, in fact linksbetween stimulus and state of passion. Four is no cooling-off period between passion and action. Five is the nature of behavior and behavior of objects need specialrestrictions.The fourth part discusses the practical analysis passion offender. According tothe constitution of crime of passion, analyzes Wang Bin Yu and Yao’s case.The fifth part discusses the perfection of the legislation of passion offender.From the point of view of legislation of passion offender, points out that our passionoffender in the legislative problems, then puts forward some suggestions on their ownshallow passion offender legislation, namely in the " criminal law " the234Th oneparagraph is added as the third paragraph, to be provided on the condition of passionoffender:Because the victim behavior on their own or near relatives of the improperwords and deeds stimulus into the state of passion and the implementation of tort,damage to the victim, in accordance with the provisions of this article shall be given alighter or mitigated punishment; causing death, according to the232nd article of thisLaw shall be given a lighter or mitigated punishment.