刑事被害人过错问题探析

Research on the Victim's Fault in Criminal Law

被害人过错问题的研究有着重要的刑法学意义,而这一问题虽已在不同程度上被各国刑法学界意识到,并在立法中有着片段性的反映,但问题没有被系统化地认识和规制。在刑法及一些相关法律中确立完整、系统的被害人过错制度,意义显著。

The victim＇ s fault is a key issue of great significance in the research of criminal jurisprudence. People in criminal law circles all over the world have sensed the importance of the problem and to some extent their concern has been embodied in legislation, but the problem has not been systematically cleared up. In short, the establishment of a complete and systematic victim＇ s fault institution in criminal law and related laws matters a great deal.