浅析情绪犯的类型化归责——从“于欢刺死辱母者案”谈起

An Analysis of the Categorized Liability of Emotional Crimes——From the Case that Yu Huan Kill the Man Who Insulted His Mother

情绪犯在刑法实务中并不少见,但在理论中极具争议。通过"于欢案"以及药家鑫案、邓玉娇案、范木根案,对情绪犯概念加以界分,对责任弱化事由加以证成,能够充分论证情绪犯存在的必要性。同时,划分不同类型的情绪犯能够实现情绪犯的类型化归责,为确立"刺激行为+强烈情绪"型归责模式提供理论支撑。

Emotional crime is not rare in Criminal law practice, but there are substantial disputes in theories. The Yu Huan’s case, Yao Jiaxin’s case, Deng Yujiao’s case as well as Fan Mugen’s case have distinguished the concept of emotional crime, proved the reasons for weakening the liability, and fully proved the necessity of the existence of emotional crime in Criminal law practice. In addition, distinguishing the different types of emotional crimes can achieve categorized liability, so as to offer theoretical support for the establishment of the responsibility model of “Stimulating Behavior ＋Strong Emotion”.