轻微犯罪治理困境及其应然路径
The Dilemma of Minor Crime Control and Its Corresponding Path

近年来，我国刑事立法极为活跃，轻微犯罪扩张成为突出现象。轻微犯罪立法具有弥补法律空白、加强法益保护的正当价值，是刑法参与社会治理的积极表现。但由于其内在的重刑化倾向、司法出罪路径的缺失以及犯罪附随后果的严厉，严重影响了轻微犯罪治理效果的发挥，使轻微犯罪立法逐渐背离“严而不厉”的刑法理念。未来应完善轻微犯罪立法的配套制度，程序上优化犯罪记录封存制度、建立“漏斗式”司法体制，实体上严格贯彻刑法谦抑主义，以促进轻微犯罪治理的良性发展。
In recent years, China’s criminal legislation has been extremely active, and the expansion of minor crime has become a prominent phenomenon. The legislation of minor crime has the legitimate value of making up the legal gap and strengthening the protection of legal interests, which is the active expression of criminal law participating in social governance. However, due to the internal tendency of heavy punishment, the lack of judicial ways and the severe consequences of crime, the effect of minor crime control is seriously affected, and the minor crime legislation gradually deviates from the criminal law concept of “strict but not severe”. In the future, we should improve the supporting system of minor crime legislation, optimize the criminal record sealing system in the procedure, establish a “funnel” judicial system, and strictly implement the modesty doctrine of criminal law in the entity, so as to promote the benign development of minor crime control.