未遂犯量刑比照标准既是一个司法实务问题,同时也是一个极具理论价值的课题。我国刑法采取的是精简条文的立法方式,因此,在许多条文的设置上,往往是一个条文中,包含几个不同层次的法定刑,其刑种的变化与刑度增减的联系点是“情节”、“数额”、“影响”等。在该立法模式下,如何根据未遂犯的处罚原则选择其量刑比照标准是一个较为困难的问题。具体而言,在存在未遂的结果加重犯的犯罪中,基本犯未遂但出现了加重结果的情形以及行为人为进行基本犯罪而故意实施了可能造成加重结果的行为,但加重结果并没有出现而基本犯既遂的情形,选择对该未遂行为的处罚,应以加重结果的法定刑为量刑比照标准,结合刑法总则关于未遂犯处罚原则的规定进行。 Attempt to commit sentencing standards is not only a matter of judicial practice, but also a subject of great theoretical value. The criminal law adopted by our country is a legislative approach to streamline the provision of articles. Therefore, the provision of many articles is often a provision that includes several statutory penalties at different levels. The connection point between the change in the criminal law and the increase or decrease in the criminal penalty is “Plot”, “amount”, “influence” and so on. Under this legislative mode, how to choose the standard of sentencing according to the principle of attempted crimes is a relatively difficult issue. Specifically, in the case of attempted crimes with aggravated offenses, the most basic attempt was made but there was an aggravating situation and the perpetrators deliberately committed acts that aggravate the result for the purpose of committing a basic crime, but the aggravating result did not appear The case of accomplice, choose to punish the attempted behavior should be based on aggravated the result of the statutory sentence for the sentencing standard, combined with the general provisions of criminal law on the principle of attempted offenses.