全面依法治国语境下须大力提升犯罪治理的法治化，当下中国全面治理轻微违法犯罪行为至关重要。日本专门制定了《轻犯罪法》用以规制违反道德规范的轻微犯罪，值得深入研究。

日本《轻犯罪法》具有深厚历史渊源，其内涵会随时代发展而变化。《违式诖违条例》是该法起源，作为明治维新文明开化的手段，意在全面改造国民习惯，内容丰富且具有较强道德规范属性，刑罚严厉，影响深远。到旧刑法违警罪时期，轻犯罪的规制重点逐渐从改善农村秩序、生活习惯演变为加强城市管理、治安秩序、工商业秩序，行政化特征明显。再到《警察犯处罚令》时期，新增了部分违反经济秩序行为及部分违背社会公德行为，刑罚明显加重，成为政府强力控制国民的重要手段，常被滥用。1948年《轻犯罪法》内容上大部分继承自《警察犯处罚令》，但行政属性被弱化，同时新增了部分符合时代需求的内容；为避免重蹈滥用覆辙设置了防止滥用条款。轻犯罪内涵经历了从自然犯为主，到法定犯逐渐增多，后又逐渐回归自然犯为主的变迁；同时保留了部分具有普适性的内容，从明治初期一直延续至今。

通过详细考察现行《轻犯罪法》罪名可归纳出该法具有传统性、易变性、道德性、公益性、预防性、补充性及明显的轻微性特点。与罪名的轻微性相对应，该法的刑罚也十分轻微。在一定条件下刑罚可能被免除或加重。不同于过去轻犯罪案件适用程序缺乏对公正、人权的保障，现行《轻犯罪法》案件由简易法院严格按照刑事诉讼法的司法程序处理，在充分保障嫌疑人各项诉讼权利的情况下可适用相应的简易程序进行处理。对轻犯罪嫌疑人进行逮捕和拘留也受到严格的限制。

通过考察该法实施情况可知：该法整体适用情况呈增长趋势。该法推行伊始更多治理违背公德犯罪，近年来则主要治理行政性质突出的犯罪，其属性已不再偏重“自然犯”性质，而从实质上变为偏重“行政犯”性质，道德教化目的正逐渐达成。随着社会情势变迁、刑事政策变化，被重点规制的轻犯罪行为随之变化，突出体现该法的易变性；而一些罪名几乎不再适用则显示出该法的局限性。近年来日本轻犯罪案件起诉率呈显著降低趋势，刑罚以科料为主，体现该法注重教化而非严惩。该法在实践中需格外注意人权保障及罪刑适当。制定该法的意义在于教化国民、维护公德、防微杜渐、划定刑事制裁边界线，使刑事法网更科学严密。

我国也应设置轻犯罪法以治理部分违反秩序、道德的轻微犯罪行为。这符合轻罪时代需求、符合刑事立法扩张趋势、具有历史文化基础，同时符合全面依法治国的现实需要。当前我国应制定单行刑法形式的轻犯罪法，内容应包含刑法典中的微罪、部分治安违法行为及部分严重违反道德的违法行为或不良行为。针对轻犯罪法应适用多元轻缓的处罚制度，应增加适用缓刑、相对不起诉或免予刑事处罚，设置系统科学的前科消灭制度。程序上可以我国速裁程序为蓝本规定相应简化程序，但不能忽视人权保障。要避免轻犯罪法沦为道德法、避免情绪性立法，及时关注失效条款。在该法实施前，必须对执法人员及民众进行全面普法，也可率先在个别城市试点，再逐步向全国推行。

Under the background of Comprehensively Governing the Country by Law, it is necessary to vigorously improve the legalization of crime governance. At present, it is crucial for China to comprehensively control minor crimes. Japan has specially formulated the Minor Offenses Law to regulate minor crimes that violate moral norms, which is worth studying in depth.

Japanese Minor Offenses Law has deep historical roots and its connotations have evolved with the times. "The Regulations on Violations and Falsehoods" is the origin of this law. As a means of civilization policy of the Meiji Restoration, it is intended to comprehensively reform the habits of the people. When it comes to "the Contravention" of 1880 Japanese Criminal Law, the focus of regulation of minor crimes gradually evolved from improving rural order and living habits to strengthening urban management, public security order, and industrial and commercial order, with obvious administrative features. In the period of the "Police Punishment Order", some violations of economic order and some violations of social morality were added, and the penalties were significantly increased. It became an important tool for the government to strongly control its citizens and was often abused. The Minor Offenses Law of 1948 was largely inherited from the "Police Punishment Order", but its administrative properties were weakened, and some new contents were added to meet the needs of the times. The prevention of abuse clause was set up to avoid repeating the same mistakes of abuse. The connotation of misdemeanor has changed from mainly natural crimes to mainly statutory crimes, and then gradually returned to mainly natural crimes. Meanwhile, some of the universal elements have been retained and have been regulated from the early Meiji period to the present. At the same time, some universal content has been retained, which has continued from the early Meiji period to the present.

By examining the charges of the law in detail, it can be summarized that the charges have the characteristics of traditional, changeable, moral, related to public interest, preventive, complementary and minor. Corresponding to the minority of the charges, the penalties are also very minor. The penalties may be exempted or increased under certain conditions. Unlike in the past when the applicable procedures for misdemeanor cases lacked safeguards for justice and human rights, current Minor Offenses Law cases are handled by summary courts in strict accordance with the judicial procedures of the Criminal Procedure Law. The corresponding summary procedure is applied to handle the case with full protection of all litigation rights of the suspect. The arrest and detention of suspects of minor crimes are also strictly limited.

By examining the implementation of this law, it can be seen that: The overall application of the law shows an increasing trend. At the beginning of the implementation of the law, more crimes against public morality were dealt with. In recent years, the main crimes of administrative nature have become prominent. Its nature has no longer emphasized the nature of natural crimes, but has changed to emphasize the nature of administrative crimes in essence, and the purpose of moral education is correct. gradually achieved. With the changes of social situation and criminal policy, the minor criminal behaviors that need to be regulated by the key changes, which highlights the variability of the law; while some crimes are almost no longer applicable, which shows the limitations of the law. In recent years, the prosecution rate of light crime cases in Japan has decreased significantly, and the punishment is mainly based on scientific materials, which shows that the law focuses on education rather than severe punishment. In practice, the law needs to pay special attention to the protection of human rights and the appropriate punishment for crimes. The significance of enacting this law lies in educating the people, safeguarding public morality, preventing small and growing problems, delineating the boundary line of criminal sanctions, and making the criminal law network more scientific and rigorous.

China should also set up a Minor Offenses Law to regulate some minor crimes against order or morality. It meets the needs of the Era of Misdemeanors, in line with the trend of expansion of criminal legislation, has a historical and cultural foundation, while meeting the practical needs of Comprehensively Governing the Country by Law. At present, China should formulate a minor crime law in the form of a separate criminal law. The content should include "petty misdemeanor" in the current Criminal Code, some public security violations in Public Security Administration Punishment Law, and some illegal or bad behaviors that seriously violate morality. For minor offenses, a pluralistic and mitigated punishment system should be applied. The application of probation, relative non-prosecution or immunity from criminal penalties should be increased. A systematic and scientific system for the elimination of ex-offenders should be set up. Applicable procedures can be based on China's expedited judgment procedures to provide corresponding simplified procedures, but human rights protection cannot be ignored. It is important to avoid the law being reduced to a morality law or emotional legislation, and to focus on the expiration clause. Before the law can be implemented, there must be a comprehensive legal education of law enforcement officers and the public. It can be piloted in individual cities first, and then gradually rolled out to the whole country.