| On the one hand, with the transformation of society, the competition becomes increasingly fierce. The psychological pressure of people are exposed to increasing, it causes more and more contradiction. Resulting passion crimes appear constantly in recent years. On the other hand, compared with foreign countries, China’s criminal law has not expressly provided for the passion crimes, criminal law scholars also have not further elaborate. However, in judicial practice, the passion crime has emerged as the discretionary circumstances of sentencing to leniency situation, so it is very important to make a unified standard for passion crime. At the same time, the emergence of a large number of passion crimes also give us a wake-up call, which is how to effectively prevent and control passion crimes.In this paper, the article is divided into five parts based on the above two points:The first chapter discusses the basic theoretical problems of passion crime,starting from the definition of passion, and then makes the analysis on the passion crime from the Criminology and Penal Law in two aspects. And then puts forward the concept of the passion crime in the Penal Law, finally I briefly discusses the characteristic and the classification of passion crimes.The second chapter bases on the basic theory of passion crime, further analysis of the causes of crime of passion in the basic understanding of the crime of passion.The third chapter analyses the standard of crime of passion through the causes and the basic theory and distinguishes the crime of passion and the other related crimes.The fourth chapter, through the above discussion, have a simple analysis of the legislation on passion crimes in foreign countries. And then puts forward some my own opinions about necessity and feasibility on the passion crimes in our country.The fifth chapter makes specific analysis for prevention and controlcountermeasures of the passion crime from the individual to special subject. |
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