Research On Emotional And Affective Factors Of Perpetrators In Criminal Theory

In recent years,along with the development of emotion psychology and sociology of affection,combined with the major controversial cases involved in emotional and affective problems occurred frequently,some scholars acutely aware of the absence of emotional and affective factors in the conviction and sentencing.The physiological characteristics of emotions and affections determine that most scholars pay more attention to their role in sentencing.As for the influence of the perpetrator's emotional and affective factors on the theory of crime,they do not get the same attention.On the basis of sorting out the relevant scientific research achievements,based on the research results of psychology,this paper firstly explains the basic problems such as the concept,characteristics and classification of emotion and affection.Then the author analyzes the reasons for the lack of emotional and affective factors in the crime theory,and points out the important role of the emotional and affective factors of the perpetrator in recognizing the nature of the crime.Then,through the investigation of the legislation,judicature and theory in and outside the territory,this article further illustrates the place of emotional and affective factors of the perpetrator in the crime theory.Finally,the author puts forward the binary theory of emotion and affection in crime theory.That is to say,the emotional factor of the perpetrator is one of the factors to evaluate the ability of criminal responsibility,the affective factor of the perpetrator is taken as one of the factors influencing the subjective sin(with the cognition factor and will factor equal status).This paper in accordance with the total structure of the total points to start the discussion,contains four parts:Part One: the basic theoretical problems of the perpetrator of emotional and affective factors.The main contents of this chapter are: to reasonably define the concept of emotion and affection,to clarify the characteristics and functions of emotion and affection,to find out the similarities and differences between emotion and affection,and to point out that emotion and affection are new ways to recognize the nature of crime.In the author's opinion,first of all,in the context of this paper,emotions and affections refer to the inner experience accompanying the physiological arousal and external manifestations.Secondly,the mechanism of emotions and affections determine that it is based on cognitive evaluation and has rapidity.Emotions and affections also have individual differences,motivational function and organizational function,which are not easily controlled,variable.Thirdly,there aredifferences between emotions and affections: emotions are usually related to human physiological needs and are unstable;However affections are more closely related to social needs and has relative stability compared with emotions.Finally,the characteristics and functions of the perpetrator's emotions and affections provide a new way for us to explore the essence of crime.Part Two: the investigation of the perpetrator's emotional and affective factors in and outside the territory.The author firstly investigate the extraterritorial criminal code,judicial practice and criminal theory,searching for clues of the existence of emotional and affective factors.The author believes that the emotional and affective factors of the perpetrator of crime theory is effective and has long been accepted by most countries criminal legislation,justice and theory indirectly.Then,the author also reviews the penal code of our country,searching for judicial cases,and read through the relevant theoretical works.Although the words "emotion" or "affection" did not clearly appear in the Criminal Code of our country,also did not appear in the judicial practice case that emotions and affections affect the conviction.However,scholars still actively seek various ways to try to incorporate the emotional and affective factors of the perpetrator into the crime theory system.Part Three: the reconstruction of emotional and affective factors of the perpetrator in criminal theory.In the crime theory,the perpetrator's emotional and affective factors are two-sided.On the one hand,it is reflecting in the criminal capacity;on the other hand,they are reflected in the subjective sin.In the determination of the criminal capacity of the perpetrator,considering the perpetrator emotional factors,is based on the positive point of view,namely affirm the emotional factors of the perpetrator can weak the criminal capacity of the perpetrator,relieve the offender's criminal responsibility,this means that the criminal law holds a positive attitude toward the emotional factors of the perpetrator.Considering the affective factors of the perpetrator in determining of the subjective sin is based on the negative point,that is,the affective factor of the perpetrator is regarded as an important factor in determining the subjective sin.It reflects that the criminal law holds a negative attitude towards the affective factors of the perpetrator.In addition,the affective factors of the perpetrator also have different manifestations in the concrete forms of sin.The addition of affective factors is the key to rationally distinguish indirect intent from negligence with undue assumption.It is also the key to explain that the careless and inadvertent negligence has blamed.Part four: conclusion.The perpetrator's emotional and affective factors are indispensable in the crime theory.On the one hand,the perpetrator's emotional factors have a weakening effect on the subject's criminal capacity,which is one of the factors that affect the subject's criminal capacity.On the other hand,the perpetrator's affective factors,as an important factor in determining sin,are in conformity with the nature of sin,reflecting the negative evaluation of the perpetrator's affective factors by the criminal law.It is one of the factors that determine the sin,as well as cognitive factor and will factor have the same status.