Crimes By Passion Sentencing Problems Research

Crimes by passion as a kind of common and special crime, both in the china lawsystem and Anglo-American law system, almost all of these countries made relevantprovision, and are generally lighter, mitigated punishment of crime by passion. In thecriminal law of our country although there is no clear provisions of a crime by passion,but in the judicial practice of the crime by passion, lenient punishment and penalty areoften seen. This article start with the case of Bingyu Wang, according to the definitionof the concept of crime by passion, passion of criminal features and the elements ofthe analysis, the passion of the criminal responsibility ability and China’s sentencingfactors, that the crime by passion should consider to be a lighter punishment. Andfinally proposed our country to the emotion offender punishment should pay moreattention to the balance of crime and penalty and the criminal individualizationprinciple unification. The main content of this thesis is divided into the followingsections:Part one: passion murder case of Bingyu Wang. Main is a case statement, theparties’ views and the reasons, and the decision of the court, put forward the case atissue is what is passion crime and how to sentencing the crime by passion.Part two: the analysis of the basic theory of crime by passion. This part mainlyintroduces the domestic and foreign countries’ law definition for crime by passion. thecriminal law of our country is not currently available for crimes by passion. Fromcriminology and psychology on the definition of the concept of crime by passion anddraw lessons from the United States criminal law for crimes by passion of study, putsforward the crime by passion in criminal law concept. And put forward the concept ofcrime by passion and the characteristics of five elements, and carries on the analysisfor each of them.Finally analyzing the persons who are under excited fettle’sidentification and control ability two aspects, from the perspective of psychology andphysiology, illustrate passion offender’s identification and control ability is abate,criminal responsibility is limite.Part three: how to rationally analyse the crime by passion. This part firstintroduces the Chinese sentencing principle that the punishment of equilibriumprinciple as a base and punishment individualized principles as a supplement,followed by a discussion of our country’s sentencing basis and sentencing scenario,again from the culprits’ weaken identification and control abilities, the victim also has fault, no motive for the crime, social harm and legal prevention effect, five aspects toput forward the principle that punishment of crime by passion should be mitigated inour country. Finally proposed the problems which should be pay attention to whensentencing the case of crime by passion.Part four: the conclusion of the study. Analyse whether Bingyu Wang’s caseBelongs to the crime by passion and whether the death penalty should immediateexecute. Combined with the present situation of our country, put forward thedefinition of crime by passion is necessary in the criminal law and the scenario ofcrime by passion should be consider to mitigate punishment as the statutorysentencing.