刑法上之罪过和民法上之过错,作为不同部门法归责原则之核心,虽都关涉行为人的内心状态,但基于刑民法之不同任务及不同归责理念,两者有着显著的实质性区别。在罪过和过错的评价基点、故意和过失的区别度、过失的范围及被害人过失等问题上,两种部门法给出了不同的解说。 Although the crime of criminal law and the fault of civil law, as the core of the principle of imputation of different departmental laws, are all related to the inner state of the perpetrator, there are significant substantive differences between them based on the different tasks of the criminal law and the imputation philosophy . The two departmental laws give different explanations on such issues as the basis for the evaluation of sin and fault, the distinction between intentional and negligence, the scope of negligence and the victim’s negligence.