被害人行为除了当前学界经常讨论的被害人学意义上的被害人过错、阻却违法性的被害人同意、防卫过当等情形外,还应包括犯罪行为发生后被害人实施的与犯罪性结果有因果关联能影响犯罪行为定性的行为;此种被害人行为的因果归责路径将归因与归责视为一个有机的整体,在被害人行为介入案件的归因上,对作为和非作为分别采用假想排除和作为代替方法来确定条件或事实原因,而在归责上,则主要通过评价被害人行为从属还是独立于被告人行为确定其刑事归责意义,即如果从属于被告人行为,则不排除犯罪人与犯罪性结果之间的因果关联,而如果是被害人故意而为,或存在重大失当行为,则应视为独立而为之行为,可以作为被告人不定罪的理由。 Victim behavior In addition to the victim’s fault in the sense of victimology, which is often discussed in the current academic circles, the consent of victims who obstruct the illegitimacy and the situation of excessive defense, etc., it should also include the causal connection between the victim and the criminal result after the criminal act occurred. Behavior of the qualitative behavior of the victim of the causation of the path of attribution and attribution as an organic whole, at the victim’s involvement in the case of attribution, as and not as the use of hypothetical exclusion and as an alternative method To determine the conditions or the reasons for the fact, but in the imputation, then mainly through the evaluation of the victim acts as dependent or independent of the defendant to determine their criminal responsibility, meaning that if subordinate to the defendant, does not exclude the perpetrators and criminal results However, if the victim intentionally acts or there is a serious misconduct, he should be regarded as acting independently and act as a reason for the defendant’s non-consensual conviction.