对于生产、销售伪劣产品罪犯罪未遂形态的存在,长期以来一直存有争议。但经研究分析,生产、销售伪劣产品罪从罪名结构、立法、社会危害性、司法实践等角度,可论证其未遂形态的正当性。该罪名中,销售金额的认定在司法实践中较难掌握。本文指出为准确把握司法实践中定罪量刑,打击伪劣产品领域经济犯罪,对于销售金额的认定,应依托司法实践,在立法领域进一步完善。 For a long time, there has been controversy over the existence of the attempted crime in the crime of producing or selling counterfeit products. However, after research and analysis, the crime of producing and selling fake and shoddy products can justify the form of its attempt from the point of view of its structure, legislation, social harmfulness and judicial practice. In this charge, the determination of sales amount is more difficult to grasp in judicial practice. This paper points out that in order to accurately grasp the conviction and sentencing in judicial practice and combat the economic crimes in the field of counterfeit products, the determination of sales proceeds should be based on judicial practice and be further perfected in the field of legislation.