未成年人作为区别于成年人而存在的特殊主体类群,在刑罚适用层面需格外谨慎并有必要在制度上予以差异化对待。未成年人不构成累犯已经在刑法规范层面得以确立,这一实然性的规定并不能阻碍理论学者在应然层面思考的步伐。基于未成年人同样存在人身危险性的价值分析,结合累犯从重处罚的根据正是基于行为人再犯可能的视角,未成年人累犯的成立具有理论支撑。在应然性层面的制度设计上,未成年累犯的成立条件需要予以审慎设计,从而实现对未成年人累犯群体权利保障与刑事制裁之间的良性对接。

Minors are special subject groups that are different from adults and need to be cautiously treated in terms of the application of penalty. The fact that minors do not constitute a recidivism has been established at the normative level of the criminal law, and this practical rule cannot hinder the pace of theoretical thinking. Based on the value analysis of personal danger remaining the same in minors, combined with the heavier punishment of recidivism based on the possible perspective of recidivism, the establishment of juvenile recidivism has theoretical support. In the system design of the supposed level, the establishment conditions of juvenile recidivism need to be carefully designed, so as to achieve a benign connection between the protection of juvenile recidivist’s rights and criminal sanction.