The Identification And Sentencing Of Passion Crime

Passion crime often refers to the people under the external factors who make criminal behavior as the psychological imbalances and emotions out of control. Compared with the advanced foreign countries, our study of passion crime started later, only after the Yao jiaxin case occurred caused widespread social concern. Throughout the penal code, provisions of passion crime hasn’t defined, which lead to handle the judicial case contradicted with the principle of “law has no clear stipulation not to sin, has no prescribed not to punish”, also provide the hotbed for the judge arbitrary the judicial, the consequences is making a challenge to the authority of law and the justice are not guaranteed.In this paper, we make the theory based on the case of eighty year old woman who killed her sister with hammer, analyze the criminal responsibility of passion crime, which provide practical help for our legislative branch and law enforcement. This paper has eighteen thousand words, except the introduction, which consists of four parts.The first part states the case facts and controversial points, which includes the cause of case, case introduction, disagreements, the focus of debate.The second part is the legal analysis of the related problems.The third part is the analysis and conclusion of the case.The fourth part is the revelation. The judicial treatment and legislative proposals of passion crime, the main purpose of setting the law is not to punish crime, in the face of the current situation of the high criminal rate, how to prevent the high rates of passion crime is mainly the good policy to solve the problem.