被害人承诺属于排除犯罪事由,这是普遍认可的结论。至于被害人承诺基于何种根据而将加害行为排除出犯罪,在不同的犯罪论体系中存在不同的认识。经分析和比较,认为被害人承诺排除违法性的认识更为妥当。至于被害人承诺的范围,首先,只有被害人有权支配的个人权益才在被害人承诺的范围内。其次,只有刑法非强制保护的个人权益才在被害人承诺的范围内。 It is generally accepted that the victim promises to exclude crimes. As for what kind of basis the victim promised to exclude harmful behaviors from crime, different cognitions exist in different criminal theory systems. After analysis and comparison, it is more appropriate to think that the victim promised to exclude illegality. As for the scope of the victim’s commitment, first, only the personal rights that the victim has the right to control are within the promises of the victim. Secondly, only the individual rights and interests of the non-compulsory protection of criminal law are within the promises of the victim.