摘要： 未遂犯是刑法理论中的一个重要问题，长期以来我国刑法学对未遂犯的处罚根据都采用来自苏俄刑法学的主客观统一说。近年来，德日刑法学的客观未遂犯论越来越被我国学者所接受，正在逐渐取代主客观相统一的未遂犯论。本文对我国的未遂犯理论从主客观相统一的苏俄刑法学话语到客观未遂论的德日刑法学话语的转变过程进行了学术史的考察。

关键词: 未遂犯, 不能犯, 主客观统一说, 客观未遂论

Abstract: Attempt is an important topic in criminal law. For a long time, Chinese criminal law theory has taken theso-called theory of “the concurrence of subjective and objective elements” originated from former Soviet . Inrecent years，objective theory of attempt in German and Japanese criminal theory has been gradually accepted byChinese scholars and is gradually taking the place of the former theory. This article makes an inquiry from theperspective of theoretical history into the transformation from Soviet theory of “the concurrence of subjective andobjective elements” to the objective theory of attempt.

Key words: Attempt, Impossibility, Theory of the Concurrence of Subjective and Objective Elements, Ob-jective Theory of Attempt