Research On The Forming Mechanism And Control System Of Crime By Passion

Crime by passion means the commissioner's violent and impulsive action led by negative passion, which is created by outside significant impulse. It is characterized by paroxysmal commission, publicity, fuzzy mind and severe consequences, etc.The severe effect on society by crime passion is widely recognized, however, the theoretical research appears inadequate; also, problems and deficiencies exist in judicial practice. With the beginning of the definition of crime by passion, the author tries to research the dual mechanism leading to it, and to give several recommendations on control of crime by passion, in aspect of prevention of criminality, appreciation of penalty and criminal reformation.The main body of this essay consists of three parts, in addition to preface and epilogue.The first part introduces the concept and characteristics of crime by passion.First, crime by passion is properly defined and its obvious characteristics are analyzed. In view of vague definition, three concepts are compared and distinguished with crime by passion: general premeditated crime, emotional crime, and crime by negative state.The second part analyzes the forming mechanism of crime by passionThe commissioner's internal psychological deficiency and negative provocation from outside combined to contribute to crime by passion. The internal psychological deficiency mainly appears as extreme and narrow knowledge level, negative state of emotion and feeble will, which constitute its subjective basis; whereas outside negative provocation is the objective basis. It is further observed that the imbalance of social development, improper domestic and school education, and erosion by negative culture constitute the deep social root for his/her internal psychological deficiency.The third part studies the control system of crime by passion.Control of crime by passion is consisted of three combined and needful parts: prevention of criminality, appreciation of penalty and criminal reformation.In view of the dual forming mechanism, as well as the severe consequences of juvenile crime by passion, the social environment and individual psychology shall be combined to prevent crime, while particular preventing measures shall be taken against juvenile. Crime by passion distinguishes from premeditated crime for the predominant effect of emotion. It conforms to accrual parity principle to lighten penalty against criminals by passion, also meeting objective need for society defense. In aspect of his/her rectification, learn more deep into the commissioner's motives and matters hard to reveal, correct his/her negative psychological deficiency step by step, will make it possible for criminal reformation to achieve great success.