在劳动教养制度被废除后,行政处罚、刑事惩罚并行的“二元分流说”得到了我国实务界的支持。但随着一系列司法解释、刑法修正案的颁布,轻微犯罪亦出现了犯罪圈扩大的问题,并随之衍生出了诸多弊端。面对这一现象,应当在分析司法现状及其困境的基础上,从机构设置、审判责任、执行方式三个方面对轻微犯罪的惩治机制予以创新,方能促进二元结构的合理运行。 After the system of re-education through labor was abolished, the “dualistic diversion theory” of administrative penalties and criminal penalties in parallel won the support of the practical circles in our country. However, with a series of judicial interpretations and the promulgation of amendments to the criminal law, there has also been an issue of expanding criminal circles with minor crimes, and many malpractices have subsequently emerged. Faced with this phenomenon, we should innovate the sanctions mechanism of minor crimes on the basis of analyzing the status quo of judicial affairs and its dilemmas, and innovate the sanctions mechanism of minor crimes from the aspects of institution establishment, trial responsibility and enforcement methods so as to promote the rational operation of the dualistic structure.