驳盗窃限于秘密窃取的通说主张

通说一直以来秉承盗窃行为应以“秘密窃取”为客观表现，但观察现实生活不难发现，亦有不少盗窃行为客观上并非秘密窃取，而系公开窃取。持“秘密窃取”的通说不仅自身无法自圆其说，而且对于处理现实案件也存有问题.易导致处罚的漏洞，造成不公正现象；同时，依照通说也无法合理地认定盗窃罪以及盗窃罪与相关犯罪的界限。所以，我国刑法理论不如面对现实，坦率承认公然窃取。

Refute against the Idea that Larceny should Be Limited to Steal Secretly

The idea that the action of larceny should be limited into secretly steal is very popular in China. But it is not difficult to find that there are a great number of cases of larceny which have been acted openly. The popular idea is not only contradictions, but couldn＇t cope with problems well in daily life. Thus, it would lead to unfair easily. Meanwhile, judging by the popular idea is difficult to recondite larceny and to make difference between larceny and other offense. Therefore, it is necessary to acknowledge the view that steal openly can be held larceny.