盗窃既未遂的认定是个多年来一直没有定论的话题。不管是理论界还是实务界都有不同的观点争锋相对。但是,作为最高发的侵财类案件,盗窃罪既未遂的认定不仅关乎被害人的权益保障,也关乎行为人的人权保障。本文拟从实例出发,谈谈笔者对盗窃罪既未遂认定的看法。 The identification of an attempted theft is a topic that has not been conclusive for many years. Whether in theory or in practice, there are different views on how to compete. However, as the highest incidence of money-laundering cases, the attempted crime of theft is not only related to the victim’s rights and interests but also to the human rights protection of the perpetrator. This article intends to proceed from an example, to talk about the writer’s opinion about the theft attempt.