Abstract: Adultery has serious social harm and infringe interests of social law. Based on the dual perspective of history and reality, adultery is characterized as worthless and does not meet the social correspondence. We must take adultery into criminal regulation. However, adultery has its own special feature and private nature, so to distinguish the boundaries between crime and innocence, felony and misdemeanor is vitally important. Then, we can make correct conviction and sentence and achieve the purpose of criminal law.

Key words: adultery, social relevance, circumstance, light punishment

摘要： 通奸行为具有严重社会危害性，侵害特定社会法益。基于历史和现实维度的双重考究，该行为表征为行为无价值，不符合社会相当性，应当将其纳入刑法学调控视野。由于通奸行为本身的伦理特征和私密性质，应当严格区分罪与非罪、罪重罪轻等界限，做到正确定罪量刑，不枉不纵，从而实现刑法目的。

关键词: 通奸, 社会相当性, 情节, 轻刑化