中国刑法上对犯罪预备、犯罪中止、犯罪未遂这几种犯罪形态的成立标准都有明确的规定,惟独没有明确规定犯罪既遂形态的标准,因此在我国刑法理论界一直存在着争论。在罪刑法定原则既已确立的前提下,构成要件齐备说稳固了其通说地位,相比于其他学说,笔者也比较认同构成要件齐备说,因为它具有一定的优势,但构成要件说也存在一定的缺陷。笔者通过对几类犯罪进行具体分析,发现这些犯罪既遂都符合构成要件齐备说,进而表达出自己的观点。 Chinese criminal law has clearly stipulated the standards for the establishment of criminal patterns such as preparation for crime, suspension of crime and attempted crime. However, there is no clear definition of the standard of the completed form of crime. Therefore, there has been controversy in the theoretical circles of criminal law in our country. Under the premise of the principle that the principle of legality of punishment should be established, all the elements of constitution should be prepared and said that they have stabilized their status. Compared with other theories, the author also agrees that all the elements of constitution are ready because it has certain advantages, but the constitutional requirements also exist Certain defects. The author of several types of crime through specific analysis and found that these crimes have been completed in line with all the elements that are ready to say, and then express their point of view.