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在刑法理论上,犯罪未遂、犯罪中止作为故意犯罪的未完成形态,二者之间极易混淆,因而刑法总则对这两类犯罪形态的成立要件作出了专门的规定,使之运用于司法实践中,对行为进行正确地定性和量刑。犯罪未遂与犯罪中止都属于故意犯罪的进程形态中的两个概念,正确区分犯罪未遂与犯罪中止,进而能够正确地定罪和量刑,无论是在理论上还是在实务上都具有重要的意义。
In the criminal law theory, attempted crime and suspended crime as the unfinished form of intentional crime, the two are extremely confused. Therefore, the general provisions of the criminal law make special provisions for the establishment of these two types of criminal patterns so that they can be applied to judicial practice In the behavior of the correct qualitative and sentencing. Both attempted crime and suspended crime belong to two concepts in the process of intentional crime. Correctly distinguishing between criminal attempt and termination of the crime, so as to be able to convict and sentence correctly, is of great significance theoretically and practically.