承认欺诈发行股票罪存在未遂形态,符合刑法理论的主流观点,有国内外类似犯罪未遂形态作为类比,在证券执法现实中也有必要性。但是具体适用该罪未遂形态定罪量刑时,面临着罪与非罪、既遂与未遂、未遂与中止、此罪与彼罪等法律解释和法条竞合问题,困难重重。从打击欺诈发行违法行为的实践需求出发,应当推动相关司法解释的出台,并择机重构相应的反欺诈发行法律体系。 It is necessary to acknowledge that there is an unsuccessful form of fraud in issuing shares, which is in line with the mainstream viewpoints of the criminal law theory and has similar criminal attempts both at home and abroad as an analogy. However, when it comes to the crime of conviction and sentencing, it is very difficult to explain the law and the competition between the crime and the crime, such as sin and non-sin, attempted and attempted, attempted and suspended. Starting from the practical demand of cracking down illegal acts of fraud distribution, the introduction of relevant judicial interpretations should be promoted, and the legal system of anti-fraud distribution should be reorganized accordingly.