应否将亲属相盗与普通盗窃区别对待并在立法层面上予以特别规定,涉及家庭伦理对刑罚的某种制约关系。亲属相盗入罪是法治化的要求,而将亲属相盗予以刑法上的特别规制,既是以家庭伦理为基础的人性化的体现,又具有促进社会和谐、节约司法成本的社会价值。我国目前亟需对亲属相盗的各种立法成例区分鉴别、对诸多学说析分良莠,做到古为今用、洋为中用,以求刑事立法的科学化。 Whether the relatives should be treated differently from ordinary thefts and specially regulated at the legislative level should be dealt with in some restrictive relationship between family ethics and punishment. Relatives and theft into the crime is the rule of law requirements, and relatives to the special criminal penalties, especially the family ethics is not only the embodiment of humanity, but also to promote social harmony and save the social costs of judicial value. At present, it is urgent for our country to distinguish between various legislative examples of relatives and theft, and to analyze the many doctrines of good and bad, so that the ancient is the present and the ocean is the intermediate one, so that the criminal legislation can be scientifically oriented.