报复性犯罪是指由于行为人自身或者家庭、社会等因素,从而导致对他人或社会产生报复性心理所引发的犯罪,通常分为报复他人和报复社会两种类型,本文主要论述针对他人的报复性犯罪。被害人过错是人身侵害类案件中的重要酌定情节,也是刑事诉讼中被告人时常援用的辩护理由,但是我国刑法至今仍未将被害人过错纳入法定量刑情节的范畴,这是导致强奸罪、故意伤害罪和其他人身侵害类犯罪量刑不均衡的主要原因。针对这个问题,本文通过分析论述被害人过错的法理基础,并对比外国立法例,结合我国司法实践,得出了被害人过错的酌定量刑情节应当法定化的结论。 Retaliatory crime refers to the crime caused by the perpetrator itself or family, society and other factors, resulting in retaliatory psychology to others or society. It is usually divided into two types: retaliation and retaliation. This article mainly discusses retaliation against others Sexual crime. The fault of the victim is an important discretionary circumstance in the case of personal injury, and it is also the justification for the defendant to often invoke in the criminal procedure. However, the criminal law of our country has not included the fault of the victim into the scope of the lawful sentencing circumstances so far, which is the crime of rape and intentional injury The main reason for the disproportion of sentencing for crimes of crime and other types of bodily injury. In response to this problem, this paper analyzes the legal foundation of the victim’s fault and contrasts the foreign legislation with the judicial practice of our country, concludes that the circumstances of the discretionary sentencing of the victim’s fault should be legalized.