Research On Legal Issues Crime Of Passion

Crime of passion is caused by a perpetrator, when he or she is stimulated by the outside world, lacks rational thinking and acts on impulse, then the impulse and violent crime happens instantaneously.In the real world it’s a kind of common crime. But due to the particularity, there is no unified judgment standard in the judicial trial. At present, it is treated as discretionary sentencing plot in the judicial practice. The result is the discretion of judges is too big and it’s very difficult for them to make the same verdict in the same kind case. Obviously, these factors influence a lot on the specific sentencing to the perpetrator of crime of passion. Given this, the author presented her views and suggestions about the problem of crime of passion through the analysis of Wang Binyu homicides.This article took Wang Binyu homicide as the breakthrough point, briefly described the specific details of the case and trial results at first, then pointed out the main controversies, further presented the author’s views of each controversy. Secondly, analyzed comprehensively of the controversies, and set forth the reason why it belongs to the crime of passion and which punishment fits the crime in this case. Finally, through the problems reflected by this case, the author suggested we should legislate. The author hopes to rise crime of passion to the statutory sentencing plot to make up the legislative vacancy in this respect of our country. The purpose of this article is to draw the attention of the relevant legal department to the problems of crime of passion through the shallow analysis and thinking of Wang Binyu homicides, and make the crime of passion to be clear in the form of law or judicial interpretation in order to solve such problem in better ways.