An Empirical Study On The Crime Of Passion Homicide In China

Passion homicide is one of the violent crimes,which accounts for a large proportion in China.The characteristics and causes of this kind of crime have high research value.In particular,the typical cases of Shanxi Yaojiaxin case and Shandong Yuhuan case,which occurred in the past few years,have aroused widespread concern in the society,and aroused the discussion of the theoretical and practical circles.The crime of passion refers to the criminal’s behavior of endangering the society driven by a sudden strong emotion.The actor’s consciousness is in a state of uncontrollable or uncontrollable excitement,which leads to violent crimes such as injury,murder and destruction.The crime of passion killing belongs to one of them.When people are stimulated by the strong outside world,due to the narrowing of the scope of understanding and the weakening of control,they can not correctly evaluate the significance and consequences of their own behavior,resulting in sudden,transient and uncontrollable behavior.Passion makes criminal individuals in an unconscious state,and negative emotions often push them into the abyss of crime.Therefore,the crime of passion killing refers to the behavior of killing or injuring others to death carried out by the criminal in the state of passion.This paper selects the crime of passion homicide as the research content,through the collection and study of relevant literature,analyzes the data of the case of passion homicide,in order to explore the characteristics and reasons of the crime of passion homicide,and hopes to provide reasonable suggestions for China’s theoretical research and judicial practice,and promote the improvement of China’s crime prevention system.In addition to the introduction,this paper is divided into four parts:The first part is the analysis of the selected samples and the current situation of crime.The analysis of samples includes form and content.Formally,in order to ensure the authenticity,accuracy and randomness of the case,this paper takes the criminal judgment of intentional homicide published on the judicial document website in 2019 as the selection scope,and takes the court level as the standard descending order,and randomly selects intentional homicide cases in different administrative regions.We should strictly grasp the criminal characteristics of passion homicide and select the cases that meet the conditions of passion homicide.In terms of content,this paper discusses the characteristics and causes of passion homicide with the main line of offender,victim,time and space of crime,cause of crime and means of crime.From the perspective of proportion,harm and penalty,this paper analyzes the current situation,social harmfulness and penalty of passion homicide in China.The second part analyzes the characteristics of passion homicide,including the characteristics of the offender,the characteristics of the victim,the relationship between the offender and the victim,and the characteristics of criminal behavior.The characteristics of the criminal include gender,age,education background,occupation and physical condition at the time of the crime;The characteristics of victims include gender,age,fault of victims and so on;The characteristics of the relationship between the criminal and the victim include four categories: affinity,social contact,blood relationship and unfamiliar relationship;The characteristics of criminal behavior are analyzed from the time,space,cause and means of crime.The third part explores the causes of the crime of passion homicide in China from two aspects: the cause of crime and the cause of being killed.The causes of crime include the situation of the criminal and the objective situation.The criminal situation includes the sex,age,education background,occupation,physical condition and social communication ability of the criminal.The objective situation is analyzed from six aspects: different time,different space,the influence of family and school.The causes of the victim include the victim’s victimization and fault,while the victimization does not consider whether the victim has fault,only from the gender,age and other aspects.The fourth part is on the basis of the previous analysis of the relevant factors to explore the prevention countermeasures of passion homicide in China.The crime prevention includes individual crime prevention and social crime prevention,and the victim prevention includes pre victim prevention,in victim prevention and post victim prevention.