Study On The Legal Punishment And Social Prevention Of Crime Of Passion

The " crime of passion " constantly emerged, especially the events similar to YaoJiaxin happen from time to time, caused extensive concern from society, whetheracademia or the public start fierce discussion on this crime. First of all, no matterwhether Yao case is a crime of passion, the big proportion in our country’s criminalcase should cause our high attention and correct understanding. Secondly, let alonethe public’ understanding of the crime of passion, review the field of criminal，it ismostly discussed around the relationship between passion and the sentencing, andconsider that passion factor is the basis of extenuation. And in order to solve theconflict of different "Crime of passion" definitions in criminology, the criminal lawscholars suggest that put a serious fault of the victim as one of its constituents in thecriminal law framework. The author thinks that it’s a perversion of the crime ofpassion and no need for reconstruction of the definition. The existing sentencingprinciple can solve the sentencing problem. Thirdly, in judicial practice passionoffenders who deserves a lighter sentencing is based on the victim who have seriousfault, but the specific recognition the degree of fault lack unified standard. Inconclusion, I consider that it is necessary to gradually learn crime of passion from itsconcept. At the same time, it’s practical and feasible to study the crime of passion atpresent. Firstly, Criminology covers various criminal phenomenon, and has alsoformed a mature theoretical system for crime of passion which can use for reference.Secondly, from the Angle of psychology we can correctly understand of concepts suchas the passion. Crime of passion is special due to its passion, so understanding theconcept is quite important, and passion as a kind of emotion is the object ofpsychology study. In addition, the criminal law has included the provisions of victim’sserious fault we should consider when judging the crime of passion. There is aproblem of fuzzy standards, but at least the start point of studying how to sentencecrime of passion is clear.In this paper, the author starts to discuss the legal punishment and socialprevention from the concept of crime passion. Correctly understanding the crime ofpassion should start from the concept of passion, so the first chapter focuses onintroducing the concepts of mood, passion and the characteristics of the crime ofpassion to distinguish with other crimes. The second chapter focuses on the causes ofthe crime and the purpose is to make the punishment and social intervention can belocated and bring better prevention function. The third and fourth discussesprevention for crime of passion, and it is also the key of this article. The author thinksthat the research priority of the criminal law is conviction, but criminology’s arephenomenon and prevention. The significance of studying the crime of passion is toprevent crime, and this prevention includes both legal punishment and socialintervention. Thus, in this paper, we study the legal punishment and social preventionabout crime of passion should also be discussed combining with criminal law and thecriminology to learn the different characteristics and the emphases. When discuss thepunishment we should use the point of view of criminal law. Passion is not theconsideration of the sentencing which should depend on whether the victim has faultand its degree. In order to guarantee the fair sentence, the author advises that weshould make the plot to be statutory and refine it in the form of law. When discuss thesocial prevention we should focus on the point of view of criminology. According tothe different reasons implement corresponding prevention measures to achieve better prevention effect.