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犯罪未遂作为直接故意犯罪过程中的一个阶段,其表现为“已经着手实行犯罪,由于犯罪分子意志以外的原因而未得逞”这一现象。结合我国刑法关于故意犯罪与犯罪未遂的规定,不难发现,成立未遂犯,判断对象是行为人所认识的事实,判断标准是行为时的科学的判断。从形式上看,犯罪未遂是行为符合犯罪构成,但又不充足犯罪构成的形态;从实质上看,犯罪未遂是行为人在直接追求犯罪结果中,主观罪过未能充分展开的状态。
As a stage in the process of direct intentional crime, attempted crime is manifested by the fact that “we have already started to commit the crime and have not succeeded because of other reasons than the will of the criminal.” Combined with China’s criminal law on intentional crime and attempted crime, it is not difficult to find that attempting to establish an attempt to determine the object is recognized by the perpetrator of the fact that the judgment criterion is the behavior of scientific judgment. In terms of form, attempted crime is an act whose behavior complies with the constitution of crime but does not constitute enough form of crime. In essence, attempted crime is an act in which the perpetrator can not fully expand the subjective sin in the direct pursuit of criminal results.