激情杀人犯罪的特征及规制对策——以551份刑事判决书为例

Characteristics and Regulatory Countermeasures of Passion Homicide: Taking 551 Criminal Judgments As an Example

激情杀人是严重的刑事犯罪,被世界多数国家明令禁止。针对激情杀人,我国法律却未有明确的规定。国内对激情杀人犯罪的理论研究为数不多,实证方向的文章更是非常有限。近五年,我国激情杀人犯罪数量呈现先升后降的趋势,犯罪的特征呈现出多样性。基于551份刑事判决书,总结犯罪人以及被害人的特征,分析犯罪的形成过程,针对性地提出健全调节机制、奖励见义勇为、严打恶性犯罪的规制对策,为预防和控制激情杀人犯罪提供理论依据。

Passionate homicide is a serious criminal crime, which is explicitly prohibited by most countries in the world. However, there are no clear provisions on passionate homicide in China’s law. There are few theoretical studies on the crime of passion homicide in China, and the articles in the empirical direction are very limited. In recent five years, the number of passion homicide crimes in China has increased first and then decreased, and the characteristics of crimes are diverse. Based on 551 criminal judgments, this paper summarizes the characteristics of the offender and the victim, analyzes the formation process of the crime, and puts forward the regulatory Countermeasures of perfecting the regulation mechanism, rewarding courageous acts and cracking down on vicious crimes, so as to provide a theoretical basis for the prevention and control of passionate homicide.