我国刑法第13条对犯罪概念作了明确的界定,并在该规定中对犯罪构成进行了补充,“情节显著轻微,危害不大的,不认为是犯罪”。由于“情节显著轻微”本身所具有的模糊性,造成在执法实际中出现了很多问题,影响了案件的公平性。本文试图针对刑法中关于情节显著轻微的规定进行简要探讨,以客观认识此规定产生的社会情况,发现由于其模糊性带来的弊端,并在此基础上提出相关意见。 Article 13 of the Criminal Law of China made a clear definition of the concept of crime and supplemented the constitution of crime in the Provisions. “The circumstances are notable and the harm is not significant and are not considered crimes”. Due to the ambiguity inherent in “the situation is significantly less significant ”, many problems have appeared in the practice of law enforcement, affecting the fairness of the case. This article attempts to make a brief discussion of the provisions of the Criminal Law that are obviously minor in order to objectively understand the social conditions arising from this provision and to find out the defects due to its ambiguity and put forward relevant opinions on the basis of this.