| "In all the phenomenon, humans will is the most complex".Passionate crime as a kind of emotional crime, which has very serious consequences, because of psychological state's particularity and variability when the actor is implementing crime, lead to the lack of overall and accurate understanding of passion crime in theoretical study and the lack of specific standard for defining passionate crime in the judicial practice. This is extremely unfavorable for mastering the basic theory of passionate crime and directing the judicial practice.Based on the actor's psychological state in the process of implementing passion-ate crime, the article is divided into five parts. First of all, in the general introduction to passionate crime, makes a clear definition of the concept of passionate crime through defining the concept of "passion". Then analyzes the characteristics of passionate crime and classifies passionate crime by classifying the crime spot. Secondly, based on analysing the basic theory of passionate crime, tentatively defines the conditions and range to compose passionate crime. Next, analyses the impact on passionate crime from the actor's psychological state, the victim's fault and the tolerance of criminal law, which is the theoretical foundation for defining specific standards to direct the judicial practice scientifically. Finally, in examining the domestic and foreign about passionate crime's legislation and judicial process, realizes our country's advantages and disadvantages in legislation and judicature, and actively learns from foreign legislation and judicature's essence and advantages. Then finally advises to take social means and legal means together in the regulation of passionate crime. And we hope the article can be favorable for perfecting the theoretical study and directing the judicial practice of passionate crime, and then be helpful of preventing and reducing passionate crime in order to safeguard the legal rights and interests of citizens and social stability.
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