本文从一个所谓“中止犯与不能犯的竞合”的案例入手,在对当前就此犯罪形态存在的观点进行描述的基础上,提出了一种“两分法”。并运用主客观相统一及罪刑相适应的刑事责任原则对这种两分法进行了论证,同时指出了已有观点的缺陷。 Starting with a so-called case of “competing and not committing crimes,” this article proposes a “dichotomy” based on the current view of the existence of criminal patterns. This dichotomy is demonstrated by the principle of criminal responsibility that is based on the unification of subjectivity and objectivity and the adaptation of crime and punishment. At the same time, the defects of the existing viewpoints are pointed out.