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激愤杀人作为故意杀人罪的情形之一,并未规定在我国的刑法条文之中,但国外刑法不乏相关成文法将其细化并明确了定罪量刑的标准。在激愤杀人的认定标准方面,应从主观要件、起因要件、时间要件等多个方面综合考量。对于激愤杀人的犯罪构成要件和量刑标准,有必要通过刑法修正案或司法解释的形式予以明确,建议采取将激愤杀人罪作为与故意杀人罪、过失致人死亡罪并列罪名的单独立法模式。
As one of the circumstances of intentional homicide, anger and murder are not stipulated in the criminal law provisions in our country. However, there are many relevant criminal laws in foreign criminal law that refine and define the standard of conviction and sentencing. In the determination of indignant murderous standards, from the subjective elements, the causes of the elements, the time elements and other aspects of comprehensive consideration. It is necessary to clarify the constitutional elements and sentencing standards of anger and homicide by means of the amendment of criminal law or judicial interpretation. It is suggested to adopt the pattern of separate legislation that criminalized the homicide as a crime with intentional homicide and negligence.