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正确界定犯罪的未遂与既遂对定罪量刑、犯罪的阶段及其停止形态的研究具有重要意义。在我国刑法学界,未遂与既遂的区分标准有很多观点,但是犯罪目的实现说具有很强的主观性和任意性,法益侵害说在实践中难以操作,构成要件齐备说则将犯罪的停止形态向前推了一个阶段,而只有犯罪结果发生说给犯罪未遂与既遂的区分提供了一个普遍的、可操作的标准,避免了其余各学说的缺点。
It is of great significance to correctly define the criminal attempt and the accomplishment of the criminal conviction and sentencing, the stage of the crime and its cessation. There are many views on the distinguishing criteria of attempted and accomplished in our country’s criminal law academic circle. However, the realization of criminal purpose has a strong subjectivity and arbitrariness. The legal interests infringement is said to be difficult to operate in practice. The constitutional elements are ready to say, A stage was advanced, but only a common, operational criterion for the distinction between attempted and attempted criminalization was said to have avoided the shortcomings of the remaining doctrines.