The Theory Of Criminal Law On The Crime Of Passion

The occurrence of cases of yao people gradually to look to the crime of passion, andconsists of a series of heated debate over the case, thinking and research. Then Beijing haidiandistrict to passers-by in case, HaYiDa killed the doctor’s case has attracted intense attentionagain. Society is in transition period, the competition is fierce, social conflicts intensified,which makes people mounting pressure in the heart and heart is very fragile, crime of passionhas occurred. Because it conforms to the people for a long time of moral cognition and socialvalues, so the crime of passion is usually as a lighter punishment defense reason to exist. Atthe present stage our country criminal law did not make clear rules to crime of passion, so forthe cognizance of the crime of passion or a lack of theoretical support. In this case it is easy tocause the people to the concept of similar confusion can also lead to the abuse of discretion, ajudge may even damage the judicial justice and credibility. Therefore, in this paper, based onthe analysis on the theory of the crime of passion, at present our country in the lack ofregulation in crime of passion, and the problem, and through using the advanced experienceof foreign legislation on crime of passion, etc, and puts forward related Suggestions to perfectour legislation of crime of passion.The text of this article is mainly composed of four chapters. The first chapter is mainly tointroduce the basic theories of crime of passion. What this chapter mainly expounds thefeatures and classification of crime, crime of passion is passion, and emphatically analyzesthe concept of passion, passion and other easy to confuse the concept of the difference and thecrime of passion on the criminology and criminal law on the crime of passion. In view of thepresent academic circles put forward different views, this paper the author analyses thevarious views. Crime of passion is usually exist as reduce defense of. criminal responsibility,criminal responsibility so why on earth that can reduce crime of passion or reduce thecriminal liability according to what in the hell? Theorists have not shown on this issue theattention it deserves, rarely make exploration on this subject. So passion crime criminalliability and criminal liability according to the size of what in the hell, this chapter will fromthe crime of passion on the formation reasons of basis in theory, interaction theory and thevictim fault on the basis of the two major aspects of the comprehensive analysis were carriedout. For some controversial theories and points of view and the evaluation is analyzed. The second chapter is the establishment of the crime of passion and the judicialcognizance. The first part mainly analyzes the necessary conditions of crime of passion wasestablished, from the aspects of the reasons for the formation of crime of passion, subjective,time standards, limit, this paper expounds five aspects of charges requirements. What isconsidered the second part is the crime of passion, the crime of passion and justifiable defense,improvise, indignation to kill the difference between these three conditions.The third chapter is about the crime of passion. Should consider when imposepunishment on crime of passion what specific details. Which killed the fault and the mergerdoctrine is the penalty purpose can influence the sentencing circumstances of the crime ofpassion when the passion criminal sentencing so remember to consider comprehensive, cannot miss any link. The second part is the crime of passion principles of sentencing. Mainlyexpounds the individualized punishment principle in the crime of passion, responsibility andthe personality theory of personality survey system is proposed on the basis of theintroduction of the hope sentencing to provide some Suggestions for crime of passion.The fourth chapter is the crime of passion to regulate and perfect in our country. In ourcountry’s legislation about crime of passion is there is a certain gap and deficiency, the crimeof passion for discretion delimitation is the path of all circumstances, can effectively restrictthe discretion of the judge, is advantageous to the sentencing unification. In some countries,such as Britain, the United States experience on legislation, suggest that early legislation inour country take legislative pattern of specific provisions, and to strictly limit scope of theestablishment of the crime of passion, but also clear the punishment of the crime of passionprinciple. Hope to study crime of passion and its criminal responsibility to provide a train ofthought, hope this way of thinking about other people’s research has some value.