不作为犯罪在司法实践之中已经变得普遍,其中所涉及的形态也日益成为关注的焦点。不作为犯罪中是否存在未遂形态的停止形态也成为学界讨论的话题。对未遂和不作为犯罪关系的研究,不仅仅加深了我们对于整个刑法体系的认识,同时也让我们对于刑法之中一些基本原则,如有利于被告人、罪刑相适等等有着更加深刻的理解。 Inaction as a crime has become commonplace in judicial practice, and the forms involved are increasingly becoming the focus of attention. Whether or not there is an unfulfilled stop in crime has also become a topic of discussion in academia. The study of the relationship between attempted and not committed crime not only deepens our understanding of the entire criminal law system, but also gives us a deeper understanding of some basic principles of criminal law such as the benefit of defendants, the compatibility of crimes, etc. .