Study On Criminal Liability Issues Of Crime Of Passion

Along with society's development, passionate criminal and crime of passion appear increasingly in the social reality, and also serves as the explanation to the reason which punishes leniently to some crime person. Because domestic to the passion, the crime of passion also lacks the fundamental research and the corresponding legislation limits. Passionate criminal and the crime of passion have no judgment and unification standard, so the social public understands is also fuzzy, and has confusion in the concept. This thesis looks all about the overseas legislation, bases our country social reality, combs overseas legislation, in order to benefit our country's fundamental research and the legislation. This thesis content has following several parts:The first part is about Chinese and foreign legislation generalization on crime of passion. In this part, the author first relates the concept of the crime of passion.Through to the fervor of the characteristics of the crime; crime has sudden passion analysis, the almost assault, cruel, sex, crime openness.The second part is the cause of the crime analysis passion. Passion crime is caused by double induced by inside and outside. Inner imbalance and lack of personality is the fundamental cause, and subjective basis; outside stimulation, especially inappropriate words and deeds, the victim is to stimulate the outbreak of the external factors passion crime. External cause through the internal function, both the generation of crime in passion.The third part, the passion of the crime problem of responsibility, is also the focus of research the full text. Personality is passion criminal responsibility theory bear criminal responsibility for the foundation. Second, the victim not with passion and the criminal responsibility for crime has some relevance. The fault of the victim, the greater the motives of actor extenuating sex is, the greater the offender is the subjective vicious the lighter, the responsibility of the corresponding decrease. In the criminal law in the process of discretion, attention should be paid to the fervor of the offender subjective vicious consideration. Because its general with the premeditated sex crimes is different, so can give relief or a lighter punishment.