我国刑法学界对中止犯与未遂犯的竞合形态的研究存在两个问题,一是将中止犯与未遂犯的竞合形态的类型仅限定于不能犯的某种特定情形,而疏漏了其他三种类型;二是关于中止犯与未遂犯的竞合形态的性质的三种学说(犯罪中止说、犯罪未遂说与折中说),均有失偏颇,既不能与有关犯罪形态的理论相衔接,也有悖于现行刑法的规定。实际上,该竞合形态属于大陆法系刑法理论上的准中止犯。关于中止犯与未遂犯的竞合的性质问题,应引入准中止犯的概念,并通过立法途径来加以解决。 There are two problems in the research on the conjunctive forms of abstention and attempted crimes in China’s criminal law academic circles. First, the types of the conjunctive forms of abstention and attempted crimes are confined to a specific situation that can not be guilty, while omitting the other three The second is the three theories about the nature of the competing forms of committing offenses against attempted offenses (suspend the crime, say and compromise the criminal intention) are both biased and can not link up with the theory of criminal patterns , But also contrary to the provisions of the existing criminal law. In fact, the competing form belongs to the quasi-suspect of criminal law in the civil law system. With regard to the nature of the contest between the suspect and the attempted offender, the concept of quasi-suspend prisoners should be introduced and resolved through legislative channels.