对于未成年人毒品犯罪前科是否可以作为认定毒品再犯的依据,司法实践中存在较大争议。有观点认为,立法者已将未成年人犯罪排除在累犯之外,并且刑法和刑诉法还分别配套规定了免除未成年人犯罪前科报告义务和未成年人犯罪前科封存制度,可知立法者对于未成年人采取的是宽大处理的刑事政策,所以未成年人毒品犯罪前科不应当成为毒品犯罪再犯的依据;也有观点认为,免除未成年人犯罪前科报告义务和未成年人犯罪前科封存制度并 Whether juvenile drug criminal record can serve as the basis for the determination of drug re-offense, there is much controversy in judicial practice. Some people think that lawmakers have excluded juvenile delinquency from recidivism, and criminal law and criminal procedure law also provide for the exemption of juvenile delinquency reporting obligations and juvenile criminal record storage system. This shows that lawmakers Minors adopted a lenient treatment of criminal policy, therefore, minors should not become the basis of criminal drug offenses again; there is also the view that the exemption of juvenile criminal record reporting obligations and juvenile criminal record storage system and