Determination Of Crime And Sentencing Analysis Of Passion Crime

With the rapid progress of economic development,the society is constantly transforming,social competition is becoming increasingly fierce,people are facing more and more troubles in their lives,and the psychological pressure that they need to bear is getting much heavier,contradictions in society have intensified,this is also why violence crimes of passion gradually increased in recent years.And the crimes of passion become to impact the society in a bad way,gradually attracted academic attention.However,at present China’s criminal law does not give clear explanations and regulations regarding crimes of passion.Moreover,the research and study on passion crime in academic circles started a little late than other western countries,and the research object is mostly teenagers and college students,till now there is still no complete and mature theoretical system.Not only so that people lack a clear understanding of the crime of passion,but also make the trial lack of basic theoretical support,lack of a unified and clear legal standards,this bring great challenge aspects of the trial.This has caused the arguing of whether the judge discretionary power is appropriate,whether convictions and sentencing are easily affected by public opinion.And it is also very possibly to cause people to question the fairness and judicial authority of criminal law in punishing crimes.So the theoretical study of passion crime is imminent.This paper is based on the current legislation and judicial situation and problems of crimes of passion analysis,to analysis the definition,characteristics and causes of crimes of passion in-depth,and then deduce how to identify the crime of passion and a lighter sentence.Meanwhile,learn from foreign judicial legislation,to give effective suggestions for improvement of crimes of passion.This article is meticulous divided into five parts.The first part clearly sorts out the current research background,research status and significance of passion crimes.The second part analyzes the current controversial issues of passion crimes in China through research cases.The third part first briefly analyzes the meaning of passion crimes and then combines the actual cases in recent years to analyze the establishment criteria of passion crimes.It also makes a detailed distinction between passion crime and other similar types of crimes.The fourth part analyzes the formation mechanism of passion crime from multiple perspectives,to explain that passion crime can be used as a light and lenient method to quantify the circumstances of the sentence.The last part it studies the determination and sentencing of foreign passion crime legislation and analyzes China Whether it can be used for reference.And it briefly proposes the model choice of passion crime legislation in China.