刑法中犯罪概念是一个基本的理论问题,也是一个十分复杂的实践性的问题,我国刑法学者的主流观点是将其区分为形式定义和实质定义,形式定义以刑事违法性为其主要特征,而实质定义则以社会危害性为其主要特征。本文试分别从刑事司法角度来阐述如何适用这两个标准,并论述了罪行法定原则与出入罪之间的关系:在入罪问题上,必须坚持罪行法定原则,而在出罪问题上,可以对没有社会危害性或较小社会危害性的行为做无罪处理。 Criminal concept of crime is a basic theoretical issue, but also a very complex practical issues, the mainstream point of view of China’s criminal law scholars is to distinguish it from the formal and substantive definition of the definition of the criminal law as its main feature, and Substantial definition of social harm as its main feature. This article attempts to explain how to apply these two standards from the perspective of criminal justice and expounds the relationship between the statutory principle of crime and the crime of exiting and entering the country. On the issue of the crime of admittance, we must uphold the principle of legality of crime. On the issue of crime, Proceed innocent of behaviors that are not harmful to society or are less harmful to society.