在法治社会里,复仇具有毋庸置疑的违法性。但在中国古代社会里,“杀人者死,伤人者刑”的报应刑原则有着深刻的思想基础,这种“以牙还牙”、“以眼还眼”的同态报复形式,不仅根植于人民群众内心深处,成为人们的共识,还在一定程度上得到了法律的支持。本文通过对古代复仇问题的思考,以期对平常生活中的“施”与“报”现象得出既合情理又合法理解决方式。 In a society ruled by law, revenge has undisputed illegality. However, in the ancient Chinese society, there was a profound ideological foundation for the principle of retribution of “killing and injuring others”. This “homosexual retaliation” Is not only rooted in the innermost feelings of the people, but has become the consensus of people and is still supported by law to a certain extent. This article, through thinking on the issue of ancient vengeance, hopes to arrive at a reasonable and reasonable solution to the phenomena of “giving” and “giving” in everyday life.