Whether the concurrence between crime quitting and incapable not—realizing crime belongs to the desistance of crime should be determined by the validity of the behavior.

犯罪中止与不能犯未遂的竞合，应以行为的“有效性”为尺度，判断其是否成立中止；

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Thirdly, the reasons that the crimes don't finished are independent of the wills of the offenders, which distinguishes the criminal attempt from the desistance of a crime.

三是犯罪未得逞是由于犯罪分子意志以外的原因，这一点把犯罪未遂与犯罪中止区别开来。

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As for the circumstances of concurrence of discontinued criminal and attempted offense, it can be charged as desistance of crime or attempt of crime according to the specific situations.

而对于中止犯与未遂犯的竞合，应根据具体情况的不同，分别认定为犯罪中止或犯罪未遂。

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