涉未成年人出入罪认定路径探析——以华某某性侵案为例

Analysis on the Path of Identifying the Crime Involving Minors——Taking the Sexual Assault Case of Hua XX as An Example

近年来,我国涉未成年人刑事案件频发,且很多案件愈加疑难复杂,致使传统刑法对涉未犯罪行为的刑事责任的认定面临诸多挑战与冲击。通过对真实案例的多角度分析,展示司法实践中涉未案件出入罪认定存在的问题,提出涉未案件出入罪认定的对策,可为办理涉未成年人刑事案件的证据审查和定罪标准提供有价值的参考建议。

In recent years,criminal cases involving minors have occurred frequently in China,and many cases have become more difficult and complicated,resulting in the many challenges and shocks to the identification of criminal responsibility involving minors in the traditional criminal law. Through the multiperspectives analysis of real cases, the paper showed the problems existing in the identification of the crime involving minors in judicial practice, and put forward the corresponding countermeasures, which can provide valuable reference for the evidence review and conviction standards in handling criminal cases involving minors.