当今社会许多案件涉及到被害人过错这一问题,我国法律这一漏洞引起了许多社会问题,参考国外相关立法,吸取精华,将被害人过错进行立法是大势所趋。对被害人过错进行界定,细化被害人的范围与过错的分类,从主体、行为、因果关联性和过错程度上对其进行细致分析,从而提出立法建议,乃是首要问题,也是实现实质正义的关键。 Many cases in today’s society involve the fault of the victim. The loophole in our law has caused many social problems. It is the general trend to refer to the relevant foreign legislation, to learn the essence, and to make the victim’s fault at law. To define the fault of the victim, to classify the scope and fault of the victim, and to analyze it carefully from the aspects of subject, behavior, causation and degree of fault so as to propose the legislative proposal is the most important issue as well as the key to realizing substantive justice .