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社会上一些不法分子组织和操纵未成年人从事违反治安管理活动的行为,而这些行为单独来看又不构成犯罪,但是其社会危害性十分严重。一方面,此类行为严重扰乱了社会秩序,另一方面,此类行为还妨害了未成年人身心的健康发展与成长,为了有效保护未成年人和良好社会秩序,将此类行为犯罪化确有必要。《刑法修正案(七)》第8条的出台意义重大,但该条在犯罪对象处理上存在一定的缺陷,以致于犯罪行为方式上难以摆脱与间接正犯和教唆犯的区分,应加以修正。
Some criminals in society organize and manipulate minors to engage in activities that violate public security management. These acts alone do not constitute a crime, but their social harm is very serious. On the one hand, such acts seriously disrupt public order. On the other hand, such acts have also hindered the healthy development and growth of minors in their physical and mental health. In order to effectively protect juveniles and the good social order, criminalization of such acts Is necessary. The introduction of Article 8 of the Amendment to the Criminal Law (VII) is of great significance. However, there are some flaws in the handling of criminal objects in this Article, so that it is difficult to get rid of the distinction between indirect criminal offenses and instigators in the way of criminal acts and should be amended.