被害人过错是指由被害人作出的对加害行为的实施与危险性程度有影响的,应受刑法评价的不当行为。被害人过错导致加害行为侵害的法益被保护性降低,从而影响了犯罪人的罪责。本文认为被害人过错不能仅被视为一个酌定的量刑情节,而应该在我国刑法中构建全面的被害人过错制度。 The fault of the victim refers to the misconduct which should be subject to the criminal law evaluation because the victim has made an impact on the implementation of the harmful act and the degree of danger. The legal interests of the victim who lead to the infringement of the wrongdoing are reduced in protectiveness, thus affecting the criminal responsibility. This article argues that the fault of the victim can not be regarded as a discretionary sentencing circumstances, but should establish a comprehensive victim fault system in our criminal law.