Research On Legislation Of Passion Crime

In the western criminology,passion crime is one type of crimes of frustration and aggression.In China,the passion crime has been enriched.In many countries over the world,legal regulations have been introduced,while China hasn’t issued related laws on passion crime.Currently,it just exists as criminal policy of discretionary.At the same time,our theoretical research on passion crime started late and hasn’t formed a completed theoretical system.Legislation blank of passion crime in our country has contributed to lack of legal standards during the process of trial conviction,which lead to phenomenon of abuse on judicial discretion,causing people to question results of judgment related to cases and serious impact from criminal law on authority and fairness of punishment over crimes.The absence of passion crime in criminal law is not only contrary to principles of legality,but also not conductive to the practice of the idea on administrating the country according to law.Apparently,study on passion crime is imminent.In this study,the author discusses legislation problems on passion crime,analyzed concepts and sentenced standards,and proposed related suggestions to legislation of passion crime in our country in accordance with orders of putting forward problems,analyzing problems and solving the problems.In addition to the introduction,the content of this article has four parts:At first,there are definition and analysis of status and inadequate areas on domestic and foreign legislation about passion crime;secondly,in the part of being sentenced passion crime,the author analyzed existing problems,set boundaries with relevant crime,and tried to explore sentenced standards;thirdly,starting from the relevant disputes relating to the punishment of passion crime,views on punishment problems of passion crime are also being put forward on the basis of positive foreign legislative experience;at last,starting from the necessity of legislation and legislative mode on passion crime,the author gave suggestions for perfecting the legislation of passion crime.Innovative points of this study lie in two aspects including:sum up four elements of conviction of passion crime;based on specific legislation,take the passion crime as the special manifestation of intentional homicide and intentional injury,stipulate the standard of the crime in detail,and act as the legal circumstance of penalty for the lenient punishment.The author hopes that the power of this study could speed up the pace of legislation for passion crime,and the government could issue relevant laws to reduce the probability of passion crime from the source and maintain social stability and harmony.