Judgment Of Homicide Crime Of Passion And Its Criminal Responsibility Analysis

Crime of passion, it is to point to by the victim in inappropriate words or actions to stimulate and produce strong, short passion, self control ability is abate, and the improper words or behavior, or commits a crime is very close to the time immediately, criminal legislation to give from the punishment of the crime. This article selects the passion in the crime of passion crime to kill are research content. Passion kill principle (provocation) is a part of common law defense, a seemingly strong provocation by others in the emotional state, to kill law from the murder to reduce milder course for the murder.In Anglo-American law system countries, passion is not a simple penalty discretion to kill the plot, but convicted circumstances, will result in changes of the criminal nature. Passion is a very common phenomenon of crime to kill, how to deal with the often become the focus of social attention. However, in our criminal law is not clearly defined, the theoretical research has yet to form system, lead to dealing with passion murder crime in the judicial practice applicable criminal injustice.This article obtains from the Wang Binyu's case, the first part introduces the Wang Binyu case the details of a case, the main bone of contention, and the related reasons;The second part introduces the passion of basic theory, basic element of the crime to kill, judge method, etc., to get a basic understanding of passion murder crime;The third part analyzes the murder crime criminal liability according to the passion, the principle of punishment and the victim content such as the influence of fault on the criminal responsibility, deepening the study of passion murder crime;The fourth part analyzes the enlightenment about passion murder crime:the passion as statutory sentencing plot to kill; Specific standards for the legislation explicitly murder crime of passion; In the form of guiding cases will passion murder crime stipulated in the relevant judicial interpretations of medium.