Study on the Crime of Passion
|Keywords||Enthusiasm Prisoners of passion Crime of passion|
With the development of society, prisoners of passion and crimes of passion more and more frequently in the social reality, but also more and more frequently used to explain should be lenient punishment for a criminal reason. However, due to domestic passion, crimes of passion lack of systematic theoretical study and the corresponding legislation defined, there is no uniform standard of judgment of passion committed crimes of passion, the understanding of the public is still relatively vague, and there is a conceptual confusion and convergence. Overview of the status of foreign legislation, based on the reality of our society, the sort of foreign legislation, more to the benefit of our theoretical research and Legislative Perfection. In addition to the introduction, the contents of this article has the following parts: Part I: Summary of Chinese and foreign legislation on crimes of passion. The section first described the legislative history of the foreign and China-related crimes of passion. More specific foreign legislation on crimes of passion, appeared earlier, has developed a more mature; crime of passion in the country, never independently into the field of view of the legislator, theoretical research is still its infancy. After that, the author of the legislation of the foreign crime of passion summary of China's legislative helpful. Part II: the concept of crimes of passion, Characteristics and Classification. Material discussed in this part of the main focus on domestic, of course, appropriate to draw on foreign theoretical results. From time to time to the present, the domestic is not a crime of passion generality strong, logical, yet simple concept. The author about the definition of crimes of passion covering the five elements and principles of punishment of the crime of passion, a more comprehensive and concise words. Based on this concept, the author lists the four characteristics, and in several ways from its classification. Part III: the composition of the crimes of passion. Of crime constitutes the emphasis is on the four elements, that is the object of the crime, the objective, the main elements of the subjective aspect. This section is based on the domestic research results, and strive to theoretical innovation. The author defines the object of the crime of passion on the right to life and the right to health, the objective will mainly as harmful results, highlighting the obvious subject of four criminal propensity, subjective aspect is defined as negligence on the four elements of Theory of . Part IV: identification of crimes of passion. Crime of passion can be identified from three aspects: based on the constitution of crime, focusing on the five elements of the crime of passion, comb and other similar concepts. In the third part of its crime constitute analyzed as part did not dwell on. In this section, the author of a detailed analysis of the five elements of the crime of passion, murder and indignation, spur of the moment crime, crime severing the difference. Part V: criminal responsibility for crimes of passion. This paper argues that passion guilty of the criminal responsibility, and from the level of Criminal obligations, responsibility in the field of Crime Form criminal responsibility for them reasons discussed, strive to be comprehensive, full, precise and appropriate. Of passion committed abroad through mitigated punishment, the author of mitigating punishment, punishment methods were summarized, classification, comparison. Part VI: causes and prevention of crime of passion. Combination of criminal psychology point of view, that part of the analysis of the causes of crimes of passion, the fundamental reason is passion, individual because psychological defects, and external because strong stimulation. And targeted prevention measures and methods, such as: promoting social harmony, improve the quality of the individual, strengthen the education of special groups. Finally, in the conclusion, combined with the characteristics of the international legislation and the legislative situation, the need for our perfect crime of passion legislation and legislative proposals.