我国刑法分则的罪刑规范模式究竟是犯罪既遂模式还是犯罪成立模式,学界并未形成统一的认识。目前主要有犯罪成立模式说与犯罪既遂模式说,这两种观点都存在不足。实际上我国刑法分则并未采用统一的罪刑规范模式,因此对罪刑规范模式作宏观层面的争论无意义。 Whether the norms of crime and punishment norms of criminal law in our country is an established pattern of crime or a pattern of crime, the academic circle has not formed a unified understanding. At present, there are mainly criminal establishment model and criminal mode of completion, both of which are inadequate. In fact, the criminal law of our country does not adopt a unified norms of crime and punishment nor does it make sense for the macro-level controversy over the norms of crime and punishment.