自英美等西方国家掀起非犯罪化运动之后,其中最受关注的无被害人犯罪的犯罪化和非犯罪化之争从未停息。一般来说,无被害人犯罪是指某些犯罪是被害人和犯罪人双方都同意并且自愿实施的,没有直接侵害第三人的行为。无被害人无罪化是现代刑法文明的体现,符合对法律的现代化的要求。我国存在着许多无被害人犯罪,在刑事立法中是否应该对其去罪化,这一直是理论界和实务界争议的焦点。本文同意一些学者提出的“轻轻重重”的思想,将结合相关理论和中国实际,着重就个别罪名进行分析和探讨。 Since the non-criminal campaigns were launched by the Western countries such as Britain and the United States, the dispute between criminalization and non-criminalization of the most attention-free victimless crimes has never stopped. In general, victimless crime refers to the fact that certain offenses are mutually agreed and voluntarily executed by both the victim and the perpetrator, and do not directly infringe upon a third party. Innocence without victimization is the manifestation of the modern civilization of criminal law and meets the requirements of the modernization of law. There are many victimless crimes in our country and whether they should be decriminalized in criminal legislation has always been the focus of debate between theorists and practitioners. This paper agrees with the ideas of “light and heavy” put forward by some scholars and will focus on the analysis and discussion of individual charges in light of relevant theories and the reality of China.