Research On Crime Of Passional Killings

In this era of various filled impetuous phenomena and pressure, people tend to have some more emotional catharsis. Facing external stimuli some people can turn the corner well, while some people tend to lose the senses, seriously declining self-control, and even leading to crime. There is a type called passion killing in the homicide. As an emotional type of crime, crime of passion killing is the criminal act based on anger or momentary loss of self-control when the perpetrator is subjected to strong external stimuli. Unlike intentional homicide with a subjective psychological characteristic, external incentives of stimulation and emotional characteristics are important factors leading to the crime of passion killing. When the perpetrator’s emotion calms down, he often shows the state of crime regret. As common forms of crime, the crime of passion killing is stipulated in both civil law and common law system. But there are no relevant provisions of that in our country’s criminal law and judicial interpretation, which will increase the judicial practice diversification, and is extremely unfavorable for guiding practice and maintaining law justice.Combining real case to the crime of passion killing, the paper is divided into four parts in the main line analysis of subjective psychological characteristics. First, the paper clears the concept and an element of homicide, classifies and distinguishes the type of homicides into passion murder and premeditated murder, and analyzes the type of passion killings as a homicide. Secondly, the subjective psychological characteristics of crime of passion killing were analyzed. Motivation causing crime of passion killing is the result of external and internal interaction. Needs are the basic motivation raised crime of passion killing, self-control disorders are the internal driving force causing crime of passion killing, dangerous knot is traumatic stimuli of crime of passion killing, and external incentives stimuli is the decisive factor leading to crime of passion killing.The study finds that driven by passion incentives, common rational people can commit crime of passion killing, the victim’s improper words and deeds is an important reason leading to crime of passion killing, and the emotional characteristics of passion murder manifests itself in anger. Thirdly, this paper analyzes of the action and result of passion killing from the objective aspects, and by way of case studies, it definitely clears the difference of passion impulsive behavior and stress response behavior. Finally, through the analysis on characteristic of the subjective aspect and objective aspect of the crime of passion killing, the paper puts forward defects and makes perfecting suggestions in legislation and judicature of crime of passion killing, tries learning from other countries experience on legislation of passion killing crime, proposes legislation suggestion in our country in the legislative and judicial field on crime of passion killing, improves defects of crime of passion killing in the field of justice, and through full consideration in sentencing between the two sides of the parties, takes into consideration whether there is fault of the victim, as well as offering more humanitarian care in the suspect’s measurement of penalty. By writing this article, it is hoped to make up diverse phenomena in judicial practice for the crime of passion killings, follow the spirit of modesty and tolerance of criminal law, and implement our criminal law policy of combining punishment with leniency, in order to prevent crime of passion killing, and to uphold equity and justice of the law.