目前,我国刑事立法中尚未明确规定激情犯罪,但是在日常生活和司法实践中,激情犯罪对于民众而言已不再陌生,激情犯罪越来越频繁地被用作减轻被告人刑事责任、予以从宽处罚的理由。但是,由于现行法律没有对激情犯罪作出明确的立法规定,对激情犯罪的判断亦无统一标准,导致激情犯罪被滥用、错用。如何正确认定激情犯罪,如何厘清其与防卫过当的区别,是正确理解、适用激情犯罪情节时必须解决的问题。结合各国立法及司法实践, At present, the crime of passion has not been clearly stipulated in our country’s criminal legislation, but in everyday life and judicial practice, the crime of passion is no longer strangers to the people. The crime of passion is used more and more frequently to reduce the criminal responsibility of the accused, Wider reason for punishment. However, since the current law does not make explicit legislative provisions on the crime of passion, there is no uniform standard for judging passion crimes, which leads to the misuse of passion crimes. How to correctly identify the crime of passion and how to clarify the difference between it and over-defense are the problems that must be correctly solved when applying the passionate crime. Combined with national legislation and judicial practice,