台湾地区“最高法院”相关判决确立了此立场,即区别障碍未遂与中止未遂的关键因素在于行为人放弃犯罪是否系出于“己意”。作者围绕着案件事实,从学理思考与实务实效的双重角度,强调对于“己意”的判定倚重于行为人主观心理状态之考量,并借助于对客观事实之分析对其加以印证。 The relevant judgment in Taiwan “Supreme Court ” established the position that the key factor in attempting to distinguish between the failure of an attempt and the suspension of an attempt is whether the actor gives up his crime if it is based on “his / her own meaning ”. Focusing on the facts of the case, the author emphasizes that the judgment of “meaning ” relies on the subjective psychological state of the actor, and confirms it by means of analysis of objective facts from the double perspectives of academic thinking and practical results.