涉罪未成年人的分流处遇中，教育与惩罚措施的权衡在很大程度上受到行为人因素的影响，这些行为人因素需要得到澄清与梳理。本研究首先通过法律检索，得到法律规范所明确的社会调查报告和各个处遇环节中的行为人因素，发现因素要件的内涵及其对处遇的影响存在一定的模糊性。之后，以对6位法官、7位检察官的访谈文字稿为研究资料，使用扎根理论的分析方式，得出司法实践中对涉罪未成年人的行为人考量因素，这些因素落在“面向过去”和“面向未来”的两个维度中。其中“面向过去”的因素包括犯罪的身心、环境、情境前因，“面向未来”的因素包括主观和客观的可塑性评估、刑罚对个案的利弊。这些因素通过影响酌定要件的法律适用进而影响处遇。最后，以得到的行为人因素体系为基础，针对涉罪未成年人处遇提出了将考量因素外显化、体系化、加强其应用保障等对策建议。

In the diversion of juvenile delinquency, the balance between education and punishment measures is largely affected by the actor factors, which need to be clarified and organized. Firstly, through legal retrieval, the current study obtains the legal factors to be considered which lie in the social investigation report and legal norms. It is found that there is a certain fuzziness in the connotation of these factors and their impact on judicial treatment. Then, taking the interview manuscripts of 6 judges and 7 prosecutors as the research materials, using the analysis method of grounded theory, the current study obtains the actor factors of juvenile delinquency to be considered in judicial practice. These factors constitute a system of two dimensions, past factors and future factors. Past factors include the inherent, environment and situational antecedents of the delinquency. Future factors include subjective and objective plasticity evaluation and the advantages and disadvantages of criminal penalty on the case. These factors affect the judicial treatment by affecting the legal application of discretionary elements. Finally, based on the obtained actor factor system, the current study puts forward some suggestions for the judicial treatment of juvenile delinquency, such as making the consideration factors explicit and systematic, and strengthening its application guarantee.