本文立足社会现实,研究电信诈骗犯罪的既未遂问题。在研究既遂问题时,从诈骗罪构造出发,提出现有理论学说的不足,并提出具有兼具理论与实践意义的“折衷说”的观点。考虑到类型的犯罪正朝着团伙化、集团化发展,在研究未遂问题时着重研究共同犯罪的情形,并将共犯分为实行犯、组织犯、帮助犯进行分类讨论。 Based on social reality, this article studies the problem of attempted crime of telecommunications fraud. In the study of the question of the completion, from the point of view of the construction of fraud crime, this article puts forward the insufficiency of the existing theory and puts forward the viewpoint of “eclecticism” with both theoretical and practical significance. Considering that crimes of a type are moving towards ganging and colony development, they focus on the study of joint crimes when they study the problem of attempting. They also divide accomplices into execution criminals and organizations guilty of assisting criminals in carrying out classified discussions.