Analysis Of Criminal Responsibility Of Crime Of Passion

Due to the lack of clear provisions of the law,the criminal liability of passion crime has always been a controversial topic in the criminal law theory and judicial practice circles in China.The term passion crime was originally proposed by the criminal originator,Dragon Brosso,who classified passionate criminals as a type of criminal.Subsequently,passion crimes appeared in the classification of criminal causes in criminal psychology,and gradually penetrated into criminal law.Passion crime is a form of emotional crime.It is clearly stipulated in the legislation of most countries in the world,and generally it is light and mitigating punishment for passion crimes.There is no clear stipulation of passion crimes in our criminal code,and theoretically no complete system has been formed.In judicial practice,passion crime is often used as a discretionary penalty case for lenient punishment.However,due to the concept of passion crime,the basis of responsibility,the nature of sin,and the punishment of wide punishment,the discretion of criminal responsibility is very large.Controversy.This paper starts from the definition of passion crime,discusses the basis of criminal liability of passion crime and the sentencing plot that influences the judgment of criminal responsibility.Combines with the current situation of judicial practice of passion crime in China,in order to improve our passion.The theoretical construction of criminal criminal responsibility and the application of the judicial practice of passion crimes.This article is divided into four parts:The first part conducts an empirical analysis of the current status of judicial practice of passion crimes in China.Through the analysis of 500 cases of passionate crimes on the online court of the Chinese People's Court,two conclusions were drawn: First,the crimes involved in passion crimes are not limited to crimes of intentional homicide and intentional assault,but also crimes of intentional destruction of property.The crime of rape,the crime of arson,the crime of finding trouble,etc.Secondly,the judge,the defender and the accused did not form a unified understanding of the passion crime,and the judgment of the criminal responsibility of passion crime was disorderly in judicial practice.The second part is the definition of the concept of passion crime.Defining the concept of passion crime is a prerequisite for studying the criminal responsibility of passion crime.The definition of passion crime in criminal law must be based on the victim's fault.That is,passion crime refers to the criminal behavior of the actor who is carried out under the control of negative passion due to the fault of the victim.This thesis starts with the definition of "passion" in psychology,combines the definition of passion crime with criminology,and refers to the related viewpoints of passion crime in criminal law,and believes that the concept of passion crime in criminal law should be passionate with criminology.The concept of crime is consistent,that is,the criminal act committed by the perpetrator due to some external factors that cause the emotion to go out of control.The third part discusses the basis of criminal responsibility for passion crime.From the philosophical basis of criminal responsibility,the legal basis and the norm are based on the basis of criminal responsibility for the criminals who commit crimes.Physiological passionate criminals are considered to be fully criminally responsible in criminal law even if their ability to identify and control is weakened by the outbreak of passion.Therefore,the passion crime is the result of the free choice of the perpetrator,and it has social harm and personal danger.Therefore,the perpetrator should bear criminal responsibility for the social harm consequences caused by the perpetrator.The subjective sin of passion crimes is intentional in most cases,and there are also very few cases of negligence.The fourth part analyzes the judgment of the criminal responsibility of passion crime.In the judicial practice,there are many misunderstandings about the punishment of passion crimes.In view of this,the author analyzes the sentencing circumstances that may be included in the passion crime,which is divided into the heavy plot and the wide plot.The criteria for determining the amount of criminal responsibility."Philadelity" itself cannot be used as a sentencing penalty for lenient punishment.The judgment of the criminal responsibility of passion crime should be combined with the principle of individualization of punishment,and the criminal motive and crime of passionate offenders on the basis of not violating the principle of prohibition of repeated evaluation.Comprehensive evaluation of purpose and personal risk.