《刑法》第十三条被普遍认为是我国刑法对犯罪概念的定义,这一定义,是我们认定犯罪和区别罪与非罪的基本依据。但是,对于“但书”内容即“情节显著轻微危害不大的,不认为是犯罪”的解读,出现了两种截然相反的观点,剖析两种解读分歧的缘由,其焦点之争主要在于“但书”行为是否是 Article 13 of the Criminal Law is generally regarded as the definition of the concept of crime in our criminal law. This definition is the basic basis for our determination of crime and for the distinction between sin and non-sin. However, there are two diametrically opposite views on the contents of the “Bundan”, that is, the interpretation that “the circumstances are not significant and the crimes are not significantly detrimental”. This article analyzes the two reasons for interpreting the differences. The focus of the dispute lies mainly in the “ But the book ”whether the behavior is