On Responsibility And Punishment Of The Crime Of Passion

Passion crime is a crime which the criminal actors commit because they can’t correctly evaluate their own actions and direct when they suffer enough stimulating to loss self-control. Passion crime takes the external perverse incentives as the objective premise which is the direct cause of passion crime. Under the perverse incentives, the passion crime actor’s manner, psychology, as well as sudden crime, awareness of fuzzy, out of control and other direct expressions is different from the general crime. So passion crime has three characteristics:the actor’s subjective will feature, the relationship between the acts and subjective element feature and the act’s targets feature. The characteristics of passion crime decide that the crime of passion has strong violent tendency, its act way is relatively single. So, not all crimes are passion crimes.The investigation of the passion crime’s criminal responsibility should be on the basis of personality liability theory. The attitude of the criminal actors should be taken into the investigation range. Through investigating comprehensively the actors’expected possibility, criminal responsibility ability, personal dangerousness, we can get a conclusion that passion crime actors should be condemned and criticized or the criminal responsibility they should bear is smaller. Responsibility is the premise of punishment. The punishment is the consequence of the responsibility. Since the criminal responsibility which passion crime actors should bear is smaller, so the implement of penalty must be determined to correspond with the criminal liability. Comparing with the general criminal behavior, passion crime actors should be punished lightly to make the responsibility correspond with the punishment. It can be useful for the practice of the principle of individualized punishment, also can achieve a better corrective and preventive effect. Finally, this paper put forward the measurement of penalty of passion crime. Combined with the experience of foreign legislation, this paper gives some legislative suggestions.