流浪儿童一旦触犯了刑事法律,其权利保护就处于更特殊的状况。如果不制定特殊规则,普遍性刑事规则的适用会使得他们的权利受到侵害。应该转变对待流浪儿童的指导思路,以“儿童权利优先”为宗旨,以“福利优先”理念为指导,构建流浪儿童社会救助福利体系,并以儿童的权利为基础对现有流浪儿童治理的问题进行重新评估和制度设计。 When street children break the criminal law, their rights protection is in a more special situation. Without special rules, the application of universal criminal rules would undermine their rights. It is necessary to change the guiding ideology of treating street children, take “priority of children’s rights” as the principle and “welfare first” as the guideline to build a social assistance and welfare system for street children, Children’s governance issues are reassessed and institutionalized.