Research On Legalization Of Sentencing Circumstances Of The Crime Of Passion

The definition of the crime of passion has not been given an explicit and integrateexplanation academically. Majority view, the crime of passion is a crime whichsomeone commit murder, injure, damage goods and other behavior due to theirpassionate condition. Passion is an emotional state of explosive, temporary and violent.For instance, like wild with joy, raging, terrified, desperate and so on. It can be dividedinto two types, active passion and negative passion. When actor in the condition ofpassion, they tend to use the most direct and extreme way to deal with their passion.Compare with other criminals, passion criminals have less self-control power andidentification power, so their anti-sociality. After passion criminals finished the conduct,they calm down and feel extremely regret immediately. The risk of the passion crimeshould not be neglected, but the cause of the passion crime is a vital factor to evaluatethe passion crime, and the cause of the passion crime also effect the conviction andmeasurement. Various countries reduce the punishment of passion crime because mostcountries have a tolerant attitude toward the passion crime. Our country have the sameopinion, but the criminal law of our country do not have the express term about thepassion law. The deficiency of legislation result to the different standard of judging thecases, judges have the excessive discretionary power and other problems. As above hasbeen stated, the legislation of the passion crime has the legislative value.This text is a research mainly on legalization of sentencing circumstances of the crimeof passion. The text start with realistic cases. Firstly, discuss the definition and characterof the passion crime, then analysis the responsibility extent of passion crime and thetheory base of the diminished responsibility of passion crime. Secondly, discuss thepractice of the disposal of passion crime in our country, for lack of the explicitstipulation, it can cause the abuse of the judge discretion, lack of the unified-standard toapply the law, and lead to the obscure of the passion crime and other crime easily, everycountry have the different legislation of the passion crime, and Thirdly, analyzing ofthe domestic and overseas legislation about the crime of passion, and the range ofapplication of passion crime, Take United States, Britain, Germany as example toillustrate the overseas legislation of the passion crime. Lastly, combine with the currentsituation of criminal legislation of our country, from the legislation of the crime ofpassion, the scope of application of passion crime, the range of the emotional factors and the judgment standard of intensity of emotional factors, the author will bring aboutthe personal suggestion about legalization of sentencing circumstances of the crime ofpassion.